Stinson v. People
Illinois Supreme Court
Writ of Error to the Recorder’s Court of the city of Chicago; the Hon. Evert Vae: Burén, Judge, presiding. This was an indictment for larceny, found against the defendants, George Stinson, Thomas Perkins and W. H. Farmer, in the Recorder’s Court of the city of Chicago. A trial was had at the January Term, 1867, and the defendants found guilty, and each sentenced to six years’ imprisonment in the penitentiary at hard labor.
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Writ of Error to the Recorder’s Court of the city of Chicago; the Hon. Evert Vae: Burén, Judge, presiding. This was an indictment for larceny, found against the defendants, George Stinson, Thomas Perkins and W. H. Farmer, in the Recorder’s Court of the city of Chicago. A trial was had at the January Term, 1867, and the defendants found guilty, and each sentenced to six years’ imprisonment in the penitentiary at hard labor. To reverse which judgment, the case is brought to this court. The further facts in the case necessary to its understanding, are stated in the opinion.
1Opinion of the CourtJustice Breese
This case must be governed by the case of Welsh v. The People, 17 Ill. 339. The alleged larceny in that case, was perpetrated by obtaining possession of the goods by the voluntary act of the owners, under the influence of false pretenses and fraud. The same is this case, and the rule there laid down is : if the owner of the goods, alleged to have been stolen, parts with both the possession and the title to the goods, to the alleged thief, then neither the taking nor the conversion is felonious. It can but amount to a fraud. It is obtaining goods under false pretenses. If, however, the owner…
2Cases cited1 opinion
- Welsh v. PeopleIllinois Supreme Court · 1856
3Cited by15 opinions
- State v. RyanOregon Supreme Court · 1905
- People v. MartinMichigan Supreme Court · 1898
- State v. LoserSupreme Court of Iowa · 1905
- Hamilton v. StateCourt of Special Appeals of Maryland · 1971
- People v. RialCalifornia Court of Appeal · 1914
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