Legal Opinion

State v. Folwell

Supreme Court of Kansas

Decided July 15, 1874PublishedCited by 34 opinions

Appeal from, Bourbon District Court. Information,.charging defendants with grand larceny, in having stolen a “black horse, the property of J. P. McN., of the value of seventy-five dollars.” Plea, not guilty. Trial at the December Term 1873, (C. O. F., judge pro tern., presiding.) Verdict, guilty, and defendant Folwell was sentenced to imprisonment in the state prison for three years, and defendant White for seven years.

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Appeal from, Bourbon District Court. Information,.charging defendants with grand larceny, in having stolen a “black horse, the property of J. P. McN., of the value of seventy-five dollars.” Plea, not guilty. Trial at the December Term 1873, (C. O. F., judge pro tern., presiding.) Verdict, guilty, and defendant Folwell was sentenced to imprisonment in the state prison for three years, and defendant White for seven years. Defendants appeal. 1. The court permitted evidence to be submitted to the jury over the objection and exception of appellants, tending to show the commission of previous…

1Opinion of the Court

The opinion of the court was delivered by

Kingman, C. J.:

Larceny. Facts tending to prove the corpus delicti. The appellants were charged with grand larceny, committed in Bourbon county on the 18th of September 1873, and tried and convicted of the offense. They claim that certain errors occurred on the trial. The first is, that there was no proof of the corpus delicti, and therefore a new trial should have been granted. There can be no doubt as to the law; but a careful scrutiny of the record has satisfied us that the proof on this point is satisfactory. The owner of the horse placed him in the…

2Cases cited1 opinion

  1. Poole v. RichardsonMassachusetts Supreme Judicial Court · 1807

3Cited by34 opinions

  1. State v. ReedSupreme Court of Kansas · 1894
  2. State v. AdamsSupreme Court of Kansas · 1878
  3. State v. KingSupreme Court of Kansas · 1922
  4. People v. Wong LoungCalifornia Supreme Court · 1911
  5. Vickers v. United StatesCourt of Criminal Appeals of Oklahoma · 1908

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