People v. Jersey
THE PEOPLE v. JERSEY
- Area
- criminal
- Panel
- Joseph G. Baldwin (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Baldwin
Baldwin, J. delivered the opinion of the Court Field, C. J. concurring.
Judgment reversed. The indictment is only good as an indictment for ordinary larceny, but not good as an indictment.for the statutory offense of converting property of which the defendant was bailee. The offense of larceny, apart from the crime constituted by statute from the conversion of a bailed article, is not complete, unless the original taking be felonious. In other words, in this case, the prisoner, at the time of hiring the horse, must have intended tó steal it, the felonious intent at the time of the taking being of the essence of the crime. The Court erred in refusing to instruct the jury in accordance with this view.
Judgment reversed and cause remanded.
Cited by
- People v. Morino No. 20716 · 1890-09-06
- People v. Smith · 1863-07-01