State v. Daley
Supreme Court of Vermont
This case was tried at the March Term, 1880, Barrett, J., presiding. Indictment in two counts, charging the respondent with the larceny of a heifer, and with receiving the 'same heifer, knowing her to have been stolen. The State claimed that the respondent committed the larceny on the 19th day of August, 1879. The respondent admitted the taking ; but claimed that he thought the heifer was his own, one that had strayed from his pasture three months previously.
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This case was tried at the March Term, 1880, Barrett, J., presiding. Indictment in two counts, charging the respondent with the larceny of a heifer, and with receiving the 'same heifer, knowing her to have been stolen. The State claimed that the respondent committed the larceny on the 19th day of August, 1879. The respondent admitted the taking ; but claimed that he thought the heifer was his own, one that had strayed from his pasture three months previously. As to the respondent’s testimony the court charged : So it is obvious under that statute, if a party goes upon the stand, it is because…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
I. The respondent had given evidence tending to prove that about the 20th day of May, 1879, he had lost, by her straying from his pasture, a heifer closely resembling the one in question, and claimed that he took the latter at the time he did, in August afterwards, believing it to be the one he had so lost. He proposed to show by witnesses that in June immediately following his alleged loss, he was hunting after, and inquiring about stray cattle, and particularly this stray heifer, so claimed by him to have been lost; that he was so hunting and…
2Cases cited4 opinions
- People v. GarbuttMichigan Supreme Court · 1868
- State v. HowardSupreme Court of Vermont · 1859
- Ward v. ThompsonSupreme Court of Iowa · 1878
- Elkins v. HamiltonSupreme Court of Vermont · 1848
3Cited by12 opinions
- State v. ParkerSupreme Court of Vermont · 1988
- State v. StacySupreme Court of Vermont · 1932
- Commonwealth v. LeonardMassachusetts Supreme Judicial Court · 1886
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Daniels v. StateSupreme Court of Delaware · 1901
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