Legal Opinion

Schoonover v. State

Ohio Supreme Court

Decided December 15, 1867Published

Error to the court of common pleas of Franklin county. The indictment charged the defendant with the larceny of ten< bogs, alleged to be of the value of four hundred and eighty dollars. Plea, not guilty. The jury returned a general verdict of guilty, without expressly finding in their verdict the value of the property. The defendant filed a motion in arrest of judgment, on the ground that the jury did not find in their verdict the value of the property stolen.

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Error to the court of common pleas of Franklin county. The indictment charged the defendant with the larceny of ten< bogs, alleged to be of the value of four hundred and eighty dollars. Plea, not guilty. The jury returned a general verdict of guilty, without expressly finding in their verdict the value of the property. The defendant filed a motion in arrest of judgment, on the ground that the jury did not find in their verdict the value of the property stolen. This motion was overruled, and the defendant sentenced to the penitentiary for the term of two years. The reversal of this sentence is…

1Opinion of the CourtWhite, J.

The offenses of grand and petit larceny in this state are created and defined by statute.

In regard to the former, the statute provides : That if any person shall steal any money, or other personal goods or chattels, the the property of another, of the value of thirty-five dollars or upward, the person so offending shall be demed guilty of larceny, and, upon conviction thereof, shall be imprisoned in the manner therein prescribed.

The provision in regard to the minor offense is : That if any person shall steal any money, or other goods and chattels of any kind whatever, of less value than…

2Cases cited3 opinions

  1. Jones v. StateSupreme Court of Alabama · 1848
  2. Clifton v. StateIndiana Supreme Court · 1839
  3. Wilborne v. StateMississippi Supreme Court · 1872

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