Legal Opinion

State v. Bailey

New York Court of General Session of the Peace

Decided October 9, 1907PublishedCited by 4 opinions

Indictment for larceny. The defendant was indicted and placed on trial at this term for the larceny of a bag of com, laid in the indictment as the property of John S. Purnell. Said Purnell testified that he thought it was his corn, although he would not swear to it.

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Indictment for larceny. The defendant was indicted and placed on trial at this term for the larceny of a bag of com, laid in the indictment as the property of John S. Purnell. Said Purnell testified that he thought it was his corn, although he would not swear to it. The wife of the prisoner testified that she had gone to Purnell’s house with her husband, who said to her that he wanted her to go up and engage Purnell in conversation while he (Bailey) went down to the pig pen and got the bag of com which the colored boy had put out for him. The above testimony, together with Purnell’s statement…

1Opinion of the Court

Boyce, J.:

We decline to instruct the jury to find a verdict of not guilty.

The defendant was called in his own behalf and made a general denial of the charge against him.

(Boyce, J., delivered the usual charge to the jury in larceny cases.)

Verdict, not guilty.

2Cited by4 opinions

  1. State v. RashNew York Court of General Session of the Peace · 1910
  2. Goldstein v. SteeleSuperior Court of Delaware · 1911
  3. State v. ThomasNew York Court of General Session of the Peace · 1910
  4. Mumford v. StateSupreme Court of Delaware · 1958

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