State v. Clem
| Decision Date | 13 April 1908 |
| Citation | 94 P. 1079,49 Wash. 273 |
| Parties | STATE v. CLEM. |
| Court | Washington Supreme Court |
Appeal from Superior Court, King County; A. W. Frater, Judge.
Fred Clem was convicted of petit larceny, and he appeals. Affirmed.
William C. Keith and James L. Crotty, for appellant.
Kenneth Mackintosh, for respondent.
The appellant was informed against for the crime of larceny from the person, the charging part of the information being as follows: 'He, the said Fred Clem, in the county of King state of Washington, on the 16th day of October, A. D. 1906 did then and there willfully, unlawfully, and feloniously and without violence, or putting in fear one Andrew Hughes from the person of said Andrew Hughes, twenty-five dollars ($25) in lawful money of the United States, one pocket book of the value of fifty cents (50¢), and one watch and chain of the value of five dollars ($5), all of the total value of thirty dollars and fifty cents ($30.50) in lawful money of the United States, the property of said Andrew Hughes, take, steal, and carry away.' At the trial the jury returned a verdict against him for petit larceny, on which he was adjudged guilty by the court, and sentenced to a term of six months in the county jail. From the judgment and sentence he appeals.
It is objected that the court erred in denying the appellant's motion in arrest of judgment, based on the ground that the crime of petit larceny is not included in the charge contained in the information; but we think this objection untenable. To feloniously take from the person of another the goods of that other and carry the same away has always been a crime, punishable as either grand or petit larceny. Therefore, when the Legislature defined and made punishable the specific act of feloniously taking property from the person, it did not create a new offense. It but recognized that there were degrees in larceny, some of which were deserving of more severe punishment than others, and sought to regulate the punishment in proportion to the offense. Larceny from the person, grand larceny, and petit larceny are for this reason but different degrees of the same crime, and are properly included in an information charging the higher offense, and being so, it is, of course, proper for the jury on an information charging of the higher offense to find the accused guilty of any one of the lesser offenses that the facts proven will warrant.
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State v. Cherry Point Fish Co.
... ... 653, 59 P. 489; State v ... Coates, 22 Wash. 601, 61 P. 726; State v ... Norris, 27 Wash. 453, 67 P. 983; State v ... Roller, 30 Wash. 692, 71 P. 718; State v ... Bailey, 31 Wash. 89, 71 P. 715; State v. Katon, ... 47 Wash. 1, 91 P. 250; State v. Clem, 49 Wash. 273, ... 94 P. 1079; State v. Gilluly, 50 Wash. 1, 96 P. 512 ... The ... court instructed the jury, in effect, that a specific intent ... to violate or evade the statute regulating the construction ... and maintenance of fish traps was not necessary ... ...
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State v. Marshall
...for the larceny was good, as a plea of former conviction. See, also, State v. Sampson, 157 Iowa 257, 138 N.W. 473. In State v. Clem, 49 Wash. 273 (94 P. 1079), the was that of larceny from the person. The court submitted the included offense of larceny, and the jury convicted of the latter ......
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State v. Marshall
...good as a plea of former conviction. See, also, State v. Sampson, 157 Iowa, 257, 138 N. W. 473, 42 L. R. A. (N. S.) 967. In State v. Clem, 49 Wash. 273, 94 P. 1079, the charge was that of larceny from the person. The court submitted the included offense of larceny, and the jury convicted of......
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State v. Panovich
... ... Murphy, 15 Wash. 98, 45 P. 729; State v ... Manville, 8 Wash. 523, 36 P. 470; State v ... Ripley, 32 Wash. 182, 72 P. 1036; State v ... Fair, 35 Wash. 127, 76 P. 731 [102 Am. St. Rep ... 897].' ... [136 ... Wash. 24] See, also, State v. Clem, 49 Wash. 273, 94 ... P. 1079; State v. Gilluly, 50 Wash. 1, 96 P. 512; ... State v. Jakubowski, 77 Wash. 78, 137 P. 448 ... The ... further contentions relate to matters which, if error, ... require a new trial. The first of these is that the questions ... ...