State v. Rapsey

CourtConnecticut Supreme Court
Writing for the CourtMALTBIE, C.J.
Citation162 A. 262,115 Conn. 540
Decision Date09 August 1932
PartiesSTATE v. RAPSEY.

162 A. 262

115 Conn. 540

STATE
v.
RAPSEY.

Supreme Court of Errors of Connecticut.

August 9, 1932


Appeal from Superior Court, New Haven County; Alfred C. Baldwin. Judge.

Information charging J. Howard Rapsey with the crime of theft in five counts, and of false pretenses in two counts, brought to the superior court in New Haven county and tried to the court. Judgment of guilty on two counts of theft and appeal by the accused.

No error as to fourth count; error as to seventh count, and judgment directed finding defendant not guilty on that count.

HAINES, J., dissenting in part.

David M. Reilly, of New Haven, for appellant.

Samuel E. Hoyt, State's Atty., of New Haven (Abraham S. Ullman, Asst. State's Atty., of New Haven, on the brief), for the State.

MALTBIE, C.J.

The information against the defendant contains seven counts. Upon the first three, charging him with the theft on May 11, 1929, of certain securities belonging to Elizabeth M. Elizabeth J., and Massena Clark, the trial court found him not guilty, and the fifth and sixth counts, charging him with obtaining by false pretenses certain securities belonging to the two last named were nolled. We are only concerned therefore with the two on which he was found guilty, the fourth and seventh. The fourth count charged him with the theft on July 20, 1929, of certain securities belonging to Elizabeth J., and Massena Clark of the value of $89,912.17, and the seventh with the theft from the three Clarks of a deed of certain real estate in New Haven. The claim of the [115 Conn. 542] State was that the defendant obtained possession of the securities and the deed by means of certain false representations and thereafter converted them to his own use. It is sufficient for the purpose of this case to define the crime of " theft" of the nature here charged as the obtaining of the possession of personal property of another by deception, artifice, fraud, or force, with the intent on the part of the person obtaining it to convert it to his own use and permanently to deprive the owner of his property, and to point out that if the owner intends to part with the title to the property as well as possession, whatever other crime may have been committed, it will not be theft. State v. Fenn, 41 Conn. 590, 606; State v. Kallaher, 70 Conn. 398, 409, 39 A. 606, 66 Am.St.Rep. 116; State v. Reynolds, 95 Conn. 186, 110 A. 844; Loomis v. People, 67 N.Y. 322, 23 Am.Rep. 123; People v. Noblett, 244 N.Y. 355, 361, 155 N.E. 670; Commonwealth v. King, 202 Mass. 379, 393, 88 N.E. 454; 2 Brill, Cyclopedia Criminal Law, § 761; Clark & Marshall, Law of Crimes (2d Ed.) § 316.

The defendant has brought before us all the evidence and claims that upon it the trial court could not reasonably have found him to have been proven guilty beyond a reasonable doubt. As regards the fourth count that the defendant made false and fraudulant representations to the Clarks in reliance upon which they delivered the securities to him, is amply supported by their testimony. According to them the defendant said that his business was in a healthy condition and that he had a very strong position in the market and that certain securities which had been previously delivered by them to him, the subject-matter of the first three counts, were intact, statements which the trial court might well have found were false and...

To continue reading

Request your trial
4 practice notes
  • State v. Vars
    • United States
    • Supreme Court of Connecticut
    • 29 Noviembre 1966
    ...on the part of the person obtaining it to convert it to his own use and permanently deprive the owner of his property.' State v. Rapsey, 115 Conn. 540, 542, 162 A. 262; State v. Fenn, 41 Conn. 590, 605.' State v. Robington, 137 Conn. 140, 143, 75 A.2d 394, 396; see State v. Reynolds, 95 Con......
  • State v. Robington
    • United States
    • Supreme Court of Connecticut
    • 25 Julio 1950
    ...person obtaining it to convert [137 Conn. 144] it to his own use and permanently to deprive the owner of his property.' State v. Rapsey, 115 Conn. 540, 542, 162 A. 262; State v. Fenn, 41 Conn. 590, 605. It should be added, however, that 'if the owner intends to part with the title to the pr......
  • State v. Serkau
    • United States
    • Supreme Court of Connecticut
    • 26 Junio 1941
    ...property, while in the latter he has. 25 Am.St.Rep, Note, 378, 391; Commonwealth v. Barry, 124 Mass. 325, 327; and see State v. Rapsey, 115 Conn. 540, 545, 162 A. 262; State v. Henderson, supra, 102 Conn. 659, 129 A. 724; State v. Curtin, 5 Boyce, Del, 518, 521, 95 A. 232. Applying this rul......
  • Bassett v. Merchants' Trust Co.
    • United States
    • Connecticut Supreme Court
    • 9 Agosto 1932
    ...C we answer, " Yes." An answer to question B is not now desired. Our answer to questions D. E. F, and G. is that repayment of the loan [115 Conn. 540] is to be made, and chargeable against the funds payable to the savings depositors, in the manner and order stated herein. No costs shall be ......
4 cases
  • State v. Vars
    • United States
    • Supreme Court of Connecticut
    • 29 Noviembre 1966
    ...on the part of the person obtaining it to convert it to his own use and permanently deprive the owner of his property.' State v. Rapsey, 115 Conn. 540, 542, 162 A. 262; State v. Fenn, 41 Conn. 590, 605.' State v. Robington, 137 Conn. 140, 143, 75 A.2d 394, 396; see State v. Reynolds, 95 Con......
  • State v. Robington
    • United States
    • Supreme Court of Connecticut
    • 25 Julio 1950
    ...person obtaining it to convert [137 Conn. 144] it to his own use and permanently to deprive the owner of his property.' State v. Rapsey, 115 Conn. 540, 542, 162 A. 262; State v. Fenn, 41 Conn. 590, 605. It should be added, however, that 'if the owner intends to part with the title to the pr......
  • State v. Serkau
    • United States
    • Supreme Court of Connecticut
    • 26 Junio 1941
    ...property, while in the latter he has. 25 Am.St.Rep, Note, 378, 391; Commonwealth v. Barry, 124 Mass. 325, 327; and see State v. Rapsey, 115 Conn. 540, 545, 162 A. 262; State v. Henderson, supra, 102 Conn. 659, 129 A. 724; State v. Curtin, 5 Boyce, Del, 518, 521, 95 A. 232. Applying this rul......
  • Bassett v. Merchants' Trust Co.
    • United States
    • Connecticut Supreme Court
    • 9 Agosto 1932
    ...C we answer, " Yes." An answer to question B is not now desired. Our answer to questions D. E. F, and G. is that repayment of the loan [115 Conn. 540] is to be made, and chargeable against the funds payable to the savings depositors, in the manner and order stated herein. No costs shall be ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT