People v. Anderson
New York Supreme Court
THE prisoner was convicted at the last court of oyer and ten*, miner, &e., held in the county of Otsego, of a felony in stealing a trunk. It appeared in evidence, at the trial, that the trunk was lost from a stage coach in the highway, and was there, afterwards, found by the prisoner, who took and carried it away.
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THE prisoner was convicted at the last court of oyer and ten*, miner, &e., held in the county of Otsego, of a felony in stealing a trunk. It appeared in evidence, at the trial, that the trunk was lost from a stage coach in the highway, and was there, afterwards, found by the prisoner, who took and carried it away. The counsel for the prisoner at the trial contended, that property lost or abandoned by the owner, and found by another, was not the subject of larceny, and that, therefore, the prisoner ought to be acquitted. The Chief Justice reserved the question; and charged the jury, that…
1Opinion of the CourtSpencer, J.
The prisoner was convicted at the last court of oyer and terminer and gaol delivery, held.in and for the county of Otsego ; and a question of law having arisen on the trial, sentence was respited, and he has now' been brought up on Habeas Corpus, to receive the judgment of this court.
On the trial, it came out in proof, that the articles for the stealing of which the prisoner was indicted, were contained in a trunk, and that he found this trunk on the highway. The court below instructed the jury, that if the prisoner took the trunk with intention to steal it, they ought to find him guilty,…
2Cited by16 opinions
- People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wilson v. . the PeopleNew York Court of Appeals · 1868
- State v. ConwaySupreme Court of Missouri · 1853
- Ransom v. StateSupreme Court of Connecticut · 1852
- Beatty v. StateMississippi Supreme Court · 1883
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