State v. Williams
New York Court of General Session of the Peace
Mary Williams was convicted of larceny, and moved for new trial. Motion allowed, and new trial granted. The defendant was tried on January 5th, 1917, for the larceny of certain goods and chattels laid as the property of Lewis L. Jarrell and Beulah Jarrell.
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Mary Williams was convicted of larceny, and moved for new trial. Motion allowed, and new trial granted. The defendant was tried on January 5th, 1917, for the larceny of certain goods and chattels laid as the property of Lewis L. Jarrell and Beulah Jarrell. The evidence produced by the state showed that certain articles belonged to Lewis L. Jarrell and that certain other articles belonged to Beulah Jarrell but no evidence was produced to show that the articles belonged to Lewis L. Jarrell and Beulah Jarrell jointly. At the close of the state’s case, a motion was made that the court instruct…
1Opinion of the CourtConrad, J.
[1] The court on reflection and after examining the authorities cited by defendant’s counsel is satisfied that the indictment having charged joint ownership it was incumbent upon the state to prove that the goods in question were held in joint ownership, by the two individuals as whose property they were laid.
The proof was clearly of ownership in severalty and did not sustain the allegations of the indictment. The question of ownership is material and must be proven as alleged.
[2] Section 4830 of the Revised Code 1915 has no bearing upon the case at bar. It provides that, where property…
2Cases cited1 opinion
- Widner v. StateIndiana Supreme Court · 1865
3Cited by1 opinion
- State v. RobinsonNew York Court of General Session of the Peace · 1918