State v. Congrove
Supreme Court of Iowa
Appeal from Louisa District Court. — IIoN. W. S. Wittibow, Judge. Tub indictment charges that the defendant “did take, steal, and carry away articles of men’s clothing,” enumerating them, “all of Avhich was of the value-of $30,” and the property 1 of John Buster, Ernest Webster, Howard Sellers, and George Buster.
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Appeal from Louisa District Court. — IIoN. W. S. Wittibow, Judge. Tub indictment charges that the defendant “did take, steal, and carry away articles of men’s clothing,” enumerating them, “all of Avhich was of the value-of $30,” and the property 1 of John Buster, Ernest Webster, Howard Sellers, and George Buster. John Buster testified that, of the property, he OAA’ned individually a pair of trousers, a pair of drawers, and a pair of socks, and that George Buster so owned a rain coat. This evidence was stricken, on the ground that it did not tend to support the indictment. The state then…
1Opinion of the CourtLadd, J.
The articles described in the indictment Avero together in a shed, and the evidence tended to show that the defendant stole all of them at the same time and in the same 2 act. Though these belonged to four different persons, severally, and not jointly, the transaction constituted but a single offense. Lorton v. State, 7 Mo. 55 (37 Am. Dec. 179); State v. Hennessey, 23 Ohio St. 339 (13 Am. Dec. 253); Wilson v. State, 45 Tex. 76 (23 Am. Dec. 602); State v. Emery, 68 Vt. 109 (34 Atl. Rep. 432). See State 3 v. Peirce, 77 Iowa, 245. In such a case, the partieu-lar ownership of the several articles…
2Cases cited11 opinions
- Wilson v. StateTexas Supreme Court · 1876
- People v. JohnsonMichigan Supreme Court · 1890
- Lorton v. StateSupreme Court of Missouri · 1841
- State v. RiversSupreme Court of Iowa · 1886
- State v. Carr & BrownSupreme Court of Iowa · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. ChapinOregon Supreme Court · 1914
- State v. RozeboomSupreme Court of Iowa · 1910
- State v. WassonSupreme Court of Iowa · 1905
- State v. BadingSupreme Court of Iowa · 1945
- Henry v. United StatesCourt of Appeals for the D.C. Circuit · 1919
5 more not listed; retrieve them via the Exa API.