State v. Kavanaugh
New York Court of General Session of the Peace
Indictment for the larceny of certain articles, the property of John Putzkus, in the City of Wilmington. There was no denial that the defendant took the goods in question but the defense insisted that the prisoner was intoxicated when the alleged larceny was committed, and had been suffering from break-bone fever and delirium tremens, the latter being brought on by the use of intoxicating liquors which he had for a long time taken upon a doctor’s prescription as a remedy for…
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Indictment for the larceny of certain articles, the property of John Putzkus, in the City of Wilmington. There was no denial that the defendant took the goods in question but the defense insisted that the prisoner was intoxicated when the alleged larceny was committed, and had been suffering from break-bone fever and delirium tremens, the latter being brought on by the use of intoxicating liquors which he had for a long time taken upon a doctor’s prescription as a remedy for the said fever, and that at the time of the alleged larceny he was 'thereby rendered incapable of forming a specific…
1Opinion of the Court
Grubb, J.,
charging the jury :
Gentlemen of the jury:—Michael Kavanaugh, the prisoner at the bar, stands charged before you in this indictment with the larceny of certain articles of personal property belonging to John Putzkus.
*133Larceny is the wrongful taking and carrying away of the personal property of another with the felonious intent to convert it to the taker’s own use and make it his own property without the consent of the owner.
The burden is upon the State to satisfy you from the evidence, beyond a reasonable doubt, that the accused is guilty of the offense charged. To do that it must…
2Cited by9 opinions
- Wright v. MoffittSupreme Court of Delaware · 1981
- Longoria v. StateSupreme Court of Delaware · 1961
- State v. CooperSupreme Court of Delaware · 1990
- State v. QuigleySupreme Judicial Court of Maine · 1938
- People v. TonerMichigan Supreme Court · 1922
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