About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

16 Crim. L. Mag. & Rep. 69 (1894)
Larceny - What Is Crime Of - Instructions

handle is hein.journals/clmr16 and id is 93 raw text is: PEOPLE V. BERLIN. his own child. A most careful review of the whole record satisfies us the trial was without error. The judgment is affirmed, and appeal dis- missed. It is directed that the record be remitted to the-court below, that the sentence be carried into execution according to law. LARCENY-WHAT IS CRIME OF-INSTRUCTIONS. Supreme Court of Utah, January 23, 1894. PEOPLE V. BERLIN.* If, by means of any trick or artifice, the owner of property is induced to part with possession only, still meaning to retain the right of property, the taking by such means will amount to larceny ; but if owner part with not only possession of the goods, but right of property in them also, the offense of the party obtain-. ing them will not be larceny, but obtaining goods by false pretenses. On a trial for larceny, defendant testified that she had been hired by prosecuting/ witness to poison a third person, and that the money had been paid to her in re- liance on her false representation that the murder had been accomplished. Held, that an instruction that defendant was guilty of larceny if money was paid over to her in reliance on her fraudulent representations and pretenses was not mis. leading where it was followed by a statement that if the money was delivered in pursuance of a previous agreement, or if it was voluntarily delivered to defend- ant, the owner intending to part with the possession and title, then there was no larceny, even if fraud was established in obtaining it. Smith, J., dissenting. Appeal from district court, Weber county; James A. Miner, Justice. Nellie Berlin was convicted of grand larceny, and appeals. (Affirmed.) For Appellant, Lessenger & Beckwith. For the People, the United States Attorney. ZANE, C. J. The defendant was convicted of grand larceny. On the trial the prosecution introduced evidence tending to prove that she stole $100 from Lena Wright, and the defendant introduced evidence tending to prove that she entered into a conspiracy with Lena Wright to kill one Mrs. Morris for the consideration of $100, and that she caused a false statement to be published in a newspaper to the effect that Mrs. Morris had died of heart disease, which she showed to Mrs. Wright, who relied upon the statement, and paid her the $100 alleged to have been stolen. The prosecution introduced evidence tending to rebut this. The defendant excepted to the charge of the court, and assigns the * 35 Pac. Rep. 498; 9 Utah 383.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most