Phelps v. People of State
| Decision Date | 30 September 1870 |
| Citation | 55 Ill. 334,1870 WL 6423 |
| Parties | HIRAM PHELPS et al.v.THE PEOPLE OF THE STATE OF ILLINOIS. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of Iroquois county; the Hon. CHARLES H. WOOD, Judge, presiding.
The opinion states the case. Messrs. FISHER, HOLLAND, CLARK & BAKER, for the plaintiffs in error.
Mr. WASHINGTON BUSHNELL, Attorney General, for the people.
This was an indictment against the plaintiffs in error and Hiram R. Phelps, their father, for the larceny of forty steers, under which the plaintiffs in error were convicted, at the March term, A. D. 1870, of the Iroquois county circuit court.
At the time of the alleged larceny, on the fourteenth day of October, 1869, there existed the following contract in writing between Richard Amerman, in whom the property was laid in the indictment, and Hiram R. Phelps, to-wit:
“ Articles of Agreement, made and entered into by and between Richard Amerman and Hiram R. Phelps, both of Ashgrove township, Iroquois county, Illinois:
Witnesseth: The said Amerman, of the first part, has sold to the said Phelps, of the second part, a half interest in his cattle, consisting of eighty-one head, and weighing 92,998 pounds, the whole value being five and a half cents per pound, amounting to $5114.89. It is agreed that the parties shall both be at equal expense in the costs of feeding, and labor in attending them; the said Amerman to take charge of the cattle and stall feed them this winter, and sell them at such times as the parties may agree; provided, that they shall not be kept longer than the first of February, 1870; the said Phelps agrees to furnish all his corn at the rate of forty cents per bushel, cut up or gathered. He also agrees to pay interest to the said Amerman, on half the above value of the cattle, at the rate of ten per cent, upon the sale of the cattle. It is agreed that the aforesaid value of the cattle, $5114.89, together with the interest due said Amerman from Phelps, shall be paid first, next the costs of the feed and expenses shall be paid, any balance remaining shall be equally divided between the said Amerman and Phelps.
In witness whereof, we have hereunto set our hands and seals, this twenty-eighth day of September, A. D. 1869.
RICHARD AMERMAN, [ Seal.]
HIRAM R. PHELPS, [ Seal.]
From the time of the making of the contract until the thirteenth day of October following, one of Phelps' boys assisted in taking care of, and herding the cattle. On that day Amerman went to the State of Indiana, and the cattle were taken by a boy of his and one of Phelps' to the place of one Keath, where Amerman and Phelps had engaged pasture for the cattle, and while they were there, the boy of Phelps was alone to attend to and take care of them, and Phelps was to furnish a pound to keep them in at night.
The evidence on the...
To continue reading
Request your trial
-
Richey v. State
... ... ( Hughes v. Territory, 56 P. 708.) A felonous intent ... must be shown in larceny prosecutions. ( Phelps v ... People, 55 Ill. 334; People v. Schultz, 79 ... Mich. 315; Wilson v. People, 39 N.Y. 459.) There was ... no evidence that defendant ... ...
-
People v. Steinmann
...may not be convicted of a crime unless it is shown beyond a reasonable doubt that he acted with the requisite criminal intent. (Phelps v. The People, 55 Ill. 334.) In People v. Baddeley, 106 Ill.App.2d 154, 245 N.E.2d 593, the court reversed a jury finding of guilty where in its view the ev......
-
Skeen v. Craig
... ... urged. He was not laboring under a misapprehension of the ... facts in the case. In People v. Monk, 8 Utah 35, the ... defendant was indicted under section 2796, Comp. Laws 1888, ... for ... U.S., 98 U.S. 167; Davis ... v. Com., 13 Bush 318; U.S. v. Carr, 3 Sawy ... 479; State v. Goodenow, 65 Me. 30; ( Com. v ... Mash ), 7 Metc. [Mass.] 472; Lincoln v. Shaw, 17 ... Sup.], 9 P. 783; People v. Wadsworth, 63 ... Mich. 500; Com. v. Este, 140 Mass. 279; Phelps ... v. People, 55 Ill. 334; People v. Hurst ... [Mich.], 28 N.W. 836; People v. Carillo, 54 ... ...
-
Guzell v. Hiller & Gawlik
...a valid security interest in it which he could lawfully enforce by holding on to the passport until she paid for the ticket. Phelps v. People, 55 Ill. 334 (1870); People v. Baum, 579 N.E.2d 374, 375 (Ill. App. 1991) ("a bona fide belief, even though mistakenly held, that one has a right or ......