Berry v. State
Ohio Supreme Court
Error to the Court of Common Pleas of Eulton county. John Molosh and. Henry Richie were indicted for stealing two geldings. The plaintiff was charged by the same indictment as an aider and abetter. He was tried separately, convicted, and sentenced to the penitentiary. A bill of exceptions was allowed and sealed, embodying all the evidence, and made a part of the record.
Read the full summary
Error to the Court of Common Pleas of Eulton county. John Molosh and. Henry Richie were indicted for stealing two geldings. The plaintiff was charged by the same indictment as an aider and abetter. He was tried separately, convicted, and sentenced to the penitentiary. A bill of exceptions was allowed and sealed, embodying all the evidence, and made a part of the record. Erom this, it appears that exceptions were taken during the progress of the trial to rulings upon the admissibility of evidence, a general exception to the charge given to the jury, specific exceptions to the refusal to charge…
1Opinion of the CourtBoynton, J.
The court instructed the jury, in substance, that where the property of another is wrongfully taken and carried away, without his consent, the law presumes the taker intends to convert the property taken to his own use, and to deprive the owner of it; and that, such facts appearing, the duty devolves on the accused to rebut such presumption, by proof of another and rightful purpose, or intent, in such taking.
*224We think this instruction was wrong. To constitute larceny, the taking must be with felonious intent. A wrongful taking and carrying away of the property of another without his assent,…
2Cases cited6 opinions
- Commonwealth v. MasonMassachusetts Supreme Judicial Court · 1870
- Adams v. StateOhio Supreme Court · 1876
- State v. WellsOhio Supreme Court · 1842
- Marietta & Cincinnati R. R. v. Strader & Co.Ohio Supreme Court · 1876
- Justus Gale's Administratrix v. Van Arman & HopkinsOhio Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.