Legal Opinion

State v. Grebe

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 22 opinions

Appeal from Leavenworth District Cov/rt. Grebe 'was tried and convicted of the crime of grand larceny. The information charged the defendant with the stealing of $25 in gold, $26 in silver, and $2,500 in treasury notes and national bank notes, belonging to John Sass, and from the dwelling-house of Sass, on the night of 17th January 1875. Trial at the March Term 1876. Verdict of guilty, and defendant was sentenced to imprisonment in the penitentiary for five years.

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Appeal from Leavenworth District Cov/rt. Grebe 'was tried and convicted of the crime of grand larceny. The information charged the defendant with the stealing of $25 in gold, $26 in silver, and $2,500 in treasury notes and national bank notes, belonging to John Sass, and from the dwelling-house of Sass, on the night of 17th January 1875. Trial at the March Term 1876. Verdict of guilty, and defendant was sentenced to imprisonment in the penitentiary for five years. From such judgment of conviction Grebe appeals.

1Opinion of the Court

*459•The opinion of the court was delivered by

Brewer, J.:

Appellant was convicted in the district court of Leavenworth county of the crime of grand larceny in the stealing of $2,551 in money, and from such conviction appeals to this court. He alleges error in three respects— that the verdict was against the evidence, that improper testimony was admitted, and that the court erred in one of its instructions. The instruction complained of was as follows:

“The jury should not find the defendant guilty because he may have no evidence to show his whereabouts at the time the offense charged is alleged to…

2Cases cited1 opinion

  1. Horne v. StateSupreme Court of Kansas · 1862

3Cited by22 opinions

  1. People v. AdamsonCalifornia Supreme Court · 1946
  2. People v. ModestoCalifornia Supreme Court · 1965
  3. Commonwealth v. MulreyMassachusetts Supreme Judicial Court · 1898
  4. People v. GoldsteinCalifornia Court of Appeal · 1955
  5. State v. JonesSupreme Court of Kansas · 1968

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