State v. Von Buren
New York Court of General Session of the Peace
Fred Von Burén was indicted and tried for the larceny of two diamond rings. Verdict, guilty. On the morning of November first, 1917, the accused went into the jewelry store of B., in the City of Wilmington, and engaged in conversation with Miss P., a clerk in the store, who was, at the time, arranging certain articles of jewelry in the front show window.
Read the full summary
Fred Von Burén was indicted and tried for the larceny of two diamond rings. Verdict, guilty. On the morning of November first, 1917, the accused went into the jewelry store of B., in the City of Wilmington, and engaged in conversation with Miss P., a clerk in the store, who was, at the time, arranging certain articles of jewelry in the front show window. She had placed six rings in the window, including the two diamond rings in question, valued at about forty dollars and seventy dollars respectively, when she was called to the rear of the store, leaving the accused at the window. Upon her…
1Opinion of the Court
Heisel, J.:
[1] The court cannot so instruct the jury. The time to object to any remarks would be at the time they were made and not at this stage of the case.
The Attorney General requested the court to charge the jury that if at the time Von Burén took the rings he intended to keep them, it constituted larceny, notwithstanding he may have at a later time changed his mind and decided to return the rings.
Heisel, J.,
charging the jury:
[2] In this case the defendant, Fred Von Burén is charged with the larceny of two diamond rings, the property of Charles H. Brown Company. Larceny is the felonious…
2Cited by3 opinions
- Hooks v. StateSupreme Court of Delaware · 1980
- Brown v. StateSupreme Court of Delaware · 1967
- Hudson v. StateSupreme Court of Delaware · 1931