Legal Opinion

State v. Birkey

Supreme Court of Iowa

Decided January 13, 1904PublishedCited by 2 opinions

Appeal from Fremont District Court. — Hok. A. B. Thor-Nell, Judge. INDICTMENT and conviction upon charge of larceny. Defendant appeals.

1Opinion of the CourtWeaver, J.

'The larceny alleged was of a team of horses. The defense was to the effect that appellant hired the horses from the owner in good faith, and without any intent to appropriate them to his own use, but after receiving them into his possession became greatly intoxicated, and disposed of them without felonious intent. Among other things in support of his defense, appellant offered witnesses who testified they had long been acquainted with him, and that prior to this transaction he had borne a good character for integrity and honesty. In charging the jury upon this feature of the case the court…

2Cases cited5 opinions

  1. State v. NorthrupSupreme Court of Iowa · 1878
  2. Erb v. German American InsuranceSupreme Court of Iowa · 1900
  3. State v. GustafsonSupreme Court of Iowa · 1878
  4. State v. HorningSupreme Court of Iowa · 1878
  5. State v. JonesSupreme Court of Iowa · 1879

3Cited by2 opinions

  1. Egan v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. State v. BrownUtah Supreme Court · 1911

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