State v. Redman
Supreme Court of Iowa
Appeal from Mahaska District Court. Grand larceny. ■ The indictment charges the defendant with stealing gold and silver coin to the value of two thousand dollars. Plea, “not guilty.” A jury was impan-neled and sworn to try the cause; testimony by both parties introduced; the case argued, and the jury charged. The jury retired, and after a short deliberation, returned the following written verdict, “we, the jury, find the defendant guilty.”
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Appeal from Mahaska District Court. Grand larceny. ■ The indictment charges the defendant with stealing gold and silver coin to the value of two thousand dollars. Plea, “not guilty.” A jury was impan-neled and sworn to try the cause; testimony by both parties introduced; the case argued, and the jury charged. The jury retired, and after a short deliberation, returned the following written verdict, “we, the jury, find the defendant guilty.” The verdict was received, and the jury discharged. Afterwards, on the same day, on motion of the State’s attorney, the court set aside the verdict “ on…
1Opinion of the Court
Dilloít, J.
1. Verdict: larceny. Under our statute, where the value of the property stolen exceeds twenty dollars, the offense is a felony, and is punishable by imprisonment in the penitentiary; where it does not exceed twenty dollars, the offense is a misdemeanor, and is punishable by fine or imprisonment in the county jail. Rev., § 4237. This marked distinction between grand and petit larceny has always existed in this State.
By other provisions of the statute, under an indictment *331for grand larceny, the defendant may be convicted of the inferior offense of petit larceny. In the early case of…
2Cases cited7 opinions
- Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
- People v. OlcottNew York Supreme Court · 1801
- State v. CallendineSupreme Court of Iowa · 1859
- Wright v. StateIndiana Supreme Court · 1854
- State v. MoranSupreme Court of Iowa · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Thalheim v. StateSupreme Court of Florida · 1896
- People v. MurrayMichigan Supreme Court · 1891
- Carpenter v. StateSupreme Court of Arkansas · 1896
- State v. WoodmanseeSupreme Court of Iowa · 1930
- People v. TongCalifornia Supreme Court · 1909
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