Edmonds v. State
Decision Date | 09 November 1894 |
Citation | 42 Neb. 684,60 N.W. 957 |
Parties | EDMONDS v. STATE. |
Court | Nebraska Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court.
In a prosecution for grand larceny, proof of the value of the property stolen must be made by at least one witness affirmatively shown to possess knowledge of the value concerning which he is called upon to give evidence. Brooks v. State, 44 N. W. 436, 28 Neb. 389, followed.
Error to district court, Otoe county; Chapman, Judge.
James Edmonds was convicted of larceny, and brings error. Reversed.John A. Rooney, for plaintiff in error.
Geo. H. Hastings, Atty. Gen., for the State.
Plaintiff in error was convicted of larceny in the district court of Otoe county. His sentence was imprisonment in the penitentiary for the period of one year. There is but one question to which it is necessary that attention be given, and that pertains to the proof made of the value of the bicycle charged to have been stolen; that is, as to whether it was at least equal to $35. On this point there was no evidence except that of Roy Robinson, the owner of the aforesaid bicycle, who, over proper objections, testified as follows: The above evidence was given partly when the witness was originally called, and partly when he was recalled. On the latter occasion occurred the examination which began with the question as to whether or not the witness...
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State v. Boswell
... ... knowledge of the market value of cows, would be admissible as ... evidence on the question of market value at the time of the ... larceny, if the condition of the cow was shown to have been ... as good then as at the time of the offer. Jones, Com. on Ev ... (2d Ed.) § 705; Edmonds v. State, 42 Neb. 684, 60 ... N.W. 957. Without such supporting testimony the prior offer ... [107 W.Va. 216] herein is not sufficient to sustain the burden ... cast on the state ... The ... court rejected offers of evidence by defendant tending to ... show that the witness ... ...
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Rooney v. State
... ... It is a cheap ... pair of glasses. I could not tell you the value of these ... Counsel ... for the state moves to strike the answer out, as not ... responsive. Motion sustained ... [51 ... Neb. 581] In the case of Edmonds v. State, 42 Neb ... 684, 60 N.W. 957, wherein the plaintiff in error had been ... prosecuted and convicted of the crime of grand larceny, the ... question for adjudication was in regard to the proof of the ... value of the property alleged to have been stolen, and the ... testimony on the ... ...
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Rooney v. State
...of these. (Counsel for the state moves to strike the answer out as not responsive. Motion sustained.)” In the case of Edmonds v. State, 42 Neb. 684, 60 N. W. 957, wherein the plaintiff in error had been prosecuted and convicted of the crime of grand larceny, the question for adjudication wa......