In re Gannett
Utah Supreme Court
Original application for a writ of habeas corpus by -Clayton Gannett, who was convicted of grand larceny in the First Judicial District for stealing live stock, and sentenced to imprisonment in the penitentiary. It is conceded by the people that if that part of the ■ old law of 1876 (2 Comp. Laws 1888, § '4643) wherein the stealing of horses, cattle, etc., is made grand larceny, has been repealed the prisoner should be discharged.
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Original application for a writ of habeas corpus by -Clayton Gannett, who was convicted of grand larceny in the First Judicial District for stealing live stock, and sentenced to imprisonment in the penitentiary. It is conceded by the people that if that part of the ■ old law of 1876 (2 Comp. Laws 1888, § '4643) wherein the stealing of horses, cattle, etc., is made grand larceny, has been repealed the prisoner should be discharged. It was repealed by § 8, p. 21, Laws of 1886. The word Nsteal in section 8, means a felonious taking. Alexander v. State, 12 Tex. 540; Winfield’s Adjud. Words &…
1Opinion of the Court
Bartoh, J.:
The petitioner was indicted, tried, and convicted of the crime of grand larceny in the District Court of the First Judicial District, and was on the 9th day of March, 1894, sentenced to imprisonment in the penitentiary for a term of two years. He was charged with having committed the offense by stealing five steers and five cows. He bases his claim for release on the ground that the indictment under which he was convicted does not charge an offense under any law of this territory, or, if it does charge an offense, it is petit larceny; and his counsel contend that the statute under…
2Cases cited5 opinions
- United States v. ClaflinSupreme Court of the United States · 1878
- People ex rel. Murphy v. McAllisterUtah Supreme Court · 1894
- Hume v. GossettIllinois Supreme Court · 1867
- Mills v. StateTexas Supreme Court · 1859
- People ex rel. Freeman v. BarrIllinois Supreme Court · 1867
3Cited by6 opinions
- Tillinghast v. EdmeadCourt of Appeals for the First Circuit · 1929
- Marioneaux v. CutlerUtah Supreme Court · 1907
- State v. ClarkUtah Supreme Court · 1981
- People v. BurtlesonUtah Supreme Court · 1896
- In re OgilvieUtah Supreme Court · 1895
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