State v. Spencer
New York Court of General Session of the Peace
Indictment for Larceny of eighty-eight cuspidors, the property of the Pullman Company. At the trial the State offered evidence tending to prove that on or about the twenty-fifth day of April, 1902, the defendant hired one Lacy and his team to haul, as he claimed, for another, the property alleged to have been stolen; that said property was about a half-mile north of the Pullman works in the city of Wilmington, and in a depression; that while the defendant, the driver and the…
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Indictment for Larceny of eighty-eight cuspidors, the property of the Pullman Company. At the trial the State offered evidence tending to prove that on or about the twenty-fifth day of April, 1902, the defendant hired one Lacy and his team to haul, as he claimed, for another, the property alleged to have been stolen; that said property was about a half-mile north of the Pullman works in the city of Wilmington, and in a depression; that while the defendant, the driver and the other man were loading the cuspidors on the cart they were discovered by a police officer who came close to them before…
1Opinion of the Court
Lobe, C. J.,
charging the jury:
Gentlemen of the jury:—This defendant is indicted for stealing eighty-eight cuspidors, the property of the Pullman Company, a corporation of the State of Illinois. Larceny, as you aré aware, is the felonious taking and carrying away of the personal goods of another with intent to deprive the owner of his property therein and to appropriate the same to the use of the taker.
It is a general rule that where stolen property is found in tho possession of one the law raises the presumption, in the absence of any evidence as to the circumstances under which he got…
2Cited by4 opinions
- State v. KeelenOregon Supreme Court · 1922
- State v. WhiteNew York Court of General Session of the Peace · 1929
- Slivka v. MroczkaSuperior Court of Delaware · 1926
- State v. McIntyreWashington Supreme Court · 1909