Vought v. State
Wisconsin Supreme Court
ERROR to review a judgment of the circuit court for Ash-land county: A. J. Vinje, Judge.- The plaintiff in error, hereinafter called defendant Vought, was tried and convicted of larceny of several alleged town orders. The indictment was against defendant Mert II. Vought and four others, namely, Michael J. Collins, Alexander McDonald, H. B. Templin, and Peter Eish-hach. Templin was not arrested and a nolle was filed as to Eishbach.
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ERROR to review a judgment of the circuit court for Ash-land county: A. J. Vinje, Judge.- The plaintiff in error, hereinafter called defendant Vought, was tried and convicted of larceny of several alleged town orders. The indictment was against defendant Mert II. Vought and four others, namely, Michael J. Collins, Alexander McDonald, H. B. Templin, and Peter Eish-hach. Templin was not arrested and a nolle was filed as to Eishbach. Collins and McDonald filed a plea in abatement, which was demurred to by the state and the demurrer sustained and exception taken. A trial was had and resulted' in…
1Dissent
The following opinion was filed January 28, 1908:
Winslow, O. J.
(dissenting). I cannot agree with this-decision, because it seems to me that some well-settled principles of the law of larceny have been disregarded. Grand larceny can only be committed by the stealing of personal' property exceeding $20 in value, and the value must be affirmatively proven. The property claimed to have been stolen here was a fictitious town order fraudulently issued to pay no debt and payable to a nonexistent person. It was not authorized by law, but was absolutely void in whosesoever hands, it might be found.…
2Cases cited3 opinions
- Bork v. . the People of the State of New YorkNew York Court of Appeals · 1883
- Hubbard v. Town of LyndonWisconsin Supreme Court · 1871
- State v. WhiteWisconsin Supreme Court · 1886