State v. Hayes
Supreme Court of Iowa
Appeal from Jackson District Court.— Hon. W. F. Brannan, Judge. Defendant was convicted of the crime of larceny, and sentenced to imprisonment in the penitentiary for the term of ten months. To reverse the judgment of the district court, he prosecutes this appeal.—
1DissentGranger, J.
My preference forthe rule of the majority opinion, as a law of the state, would lead me to refrain from dissenting, did I not' believe the result would justify the oft-repeated charge against courts, of “judicial legislation.” My objection to the opinion is wherein it holds that, under a statute which makes guilt of larceny by finding, dependant upon the finder’s unlawfully appropriating the same to his own use, knowing the owner, he may be convicted if he has the reasonable means of knowing or ascertaining the owner. It needs no reasoning to show that under the rule of the opinion a person…
2Cases cited4 opinions
- State v. LovellSupreme Court of Iowa · 1867
- Estes v. CarterSupreme Court of Iowa · 1860
- State v. TwogoodSupreme Court of Iowa · 1858
- State v. DeanSupreme Court of Iowa · 1878