Alkenbrack v. People
Court for the Trial of Impeachments and Correction of Errors
Certiorari to a court of special sessions in Montgomery county, where the plaintiff in error was convicted of petit larceny. The complaint against her was for stealing one white woollen flannel sheet and one white linen sheet.
Read the full summary
Certiorari to a court of special sessions in Montgomery county, where the plaintiff in error was convicted of petit larceny. The complaint against her was for stealing one white woollen flannel sheet and one white linen sheet. There was no sufficient evidence to charge her with stealing the last named article ; but there was satisfactory proof that she had feloniously taken a blanket, part woollen and part cotton—the warp being cotton and the filling woollen—belonging to the person named for that purpose in the complaint. When the testimony was closed, she objected on account of the variance,…
1Opinion of the Court
By the Court, Beardsley, J.
A sheet—an article of bed furniture—may be composed of various substances, as linen, cotton or wool, singly or in combination. The word has reference to the form and not the material of which the article is made; had this therefore been described by the term sheet alone, it would have been sufficiently certain. (3 Chit. Cr. Law, 947 ; 3 Maule & Sel. 547, 452.)
But the accused was put on her trial for stealing a sheet composed wholly of wool, for it is described as “ one white woollen *81flannel sheet;” and she was convicted of stealing an article, part cotton and part…
2Cited by8 opinions
- Commonwealth v. GavinMassachusetts Supreme Judicial Court · 1876
- Barringer v. . the PeopleNew York Court of Appeals · 1856
- Bouton v. WheelerAppellate Division of the Supreme Court of the State of New York · 1907
- Barringer v. PeopleNew York Court of Appeals · 1856
- State of Oregon v. DeweyOregon Supreme Court · 1956
3 more not listed; retrieve them via the Exa API.