Hall v. People

Decision Date21 November 1878
CourtMichigan Supreme Court
PartiesClarence Hall v. The People

Submitted October 31, 1878

Error to Superior Court of Grand Rapids.

Larceny from the person. Respondent was convicted.

Judgment affirmed.

Stuart & Sweet for plaintiff in error. Larceny from the person means from the care of the person from whom the property is taken, and cannot be committed where he cannot exercise ordinary care over it, Hamilton's Case, 8 C. & P 49; Taylor's Case, R. & R., 418; 2 Bish. Cr. Law § 1177.

Attorney General Otto Kirchner for the People.

OPINION

Marston, J.

The respondent was convicted of the offense of larceny from the person. He now claims that the court erred in admitting certain testimony and also in charging the jury, and in refusing to give certain charges as requested.

That the court erred in permitting the witness Fagin to testify what Walsh, the person who had lost the watch, said when he woke up in the saloon, about an hour after the offense had been committed, and in the absence of the respondent. We find nothing erroneous in the admission of this evidence. It did not tend to implicate any particular person in the transaction, but showed simply that Walsh claimed some one had his watch, and desired that it be given back to him. The same may be said of the conversation between Fagin and William Walsh, Jr.; it had no tendency whatever to injure the respondent. The evidence in reference to the resistance made by the respondent at the time of his arrest was admissible, and proper to be considered by the jury.

The seventh assignment of error relates to the instructions given the jury as to the presumption of guilt arising from possession of the stolen property. No exception was taken to this portion of the charge. We cannot, therefore, consider it. The ninth request to charge was properly refused. While the facts therein referred to were proper to be considered by the jury, yet the court could not instruct them as to the weight which should be given them. [*] The court declined to charge that the guilt of respondent must be proved, to a moral certainty, and that the circumstances proven must be inconsistent with any other theory but that of the absolute guilt of the accused, but did in that connection charge that his guilt must be proved to the exclusion of all reasonable doubt, and that if the testimony could be reconciled with any rational theory other than...

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9 cases
  • Cosfriff Brothers v. Miller
    • United States
    • Wyoming Supreme Court
    • March 31, 1902
    ... ... adapted to the growth and fattening of domestic animals, ... shall be free to the people who seek to use them for said ... purpose, no act of government forbidding the same; that, ... while it is true there is in this country no such ... ...
  • U.S. v. Payne
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • December 17, 1998
    ...or unconscious person, or pickpocketing without the victim's knowledge, that at first glance appear troubling. J.A. at 59; see Hall v. People, 39 Mich. 717 (1878) (victim asleep); see also Chamblis, 236 N.W.2d at 481 (victim unconscious). We conclude, however, that even in these situations ......
  • People v. Wingeart
    • United States
    • Michigan Supreme Court
    • October 10, 1963
    ...but we think the record indicates that such was the effect of his rulings.' (53 Mich. pp. 69-71, 18 N.W. p. 564) See, also, Hall v. People, 39 Mich. 717, 719; People v. Foley, 64 Mich. 148, 159, 31 N.W. 94 (pertinently relied upon in People v. Dellabonda, 265 Mich. 486, 510-511, 251 N.W. 59......
  • People v. Gastro
    • United States
    • Michigan Supreme Court
    • June 7, 1889
    ... ... practice that should be generally indulged in; and many cases ... have been reversed upon this ground. Perrott v ... Shearer, 17 Mich. 48; Knowles v. People, 15 ... Mich. 408, 412; Welch v. Ware, 32 Mich. 77; ... Blackwood v. Brown, Id. 104; Richards v ... Fuller, 38 Mich. 653; 657; Hall v. People, 39 ... Mich. 717; Beurmann v. Van Buren, 44 Mich. 496, 7 ... N.W. 67; People v. Lyons, 49 Mich. 78, 82, 13 N.W ... The ... counsel for defendant requested the court to charge the jury ... that "a single act of illicit intercourse is not ... sufficient to convict." In ... ...
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