Territory v. Anderson
| Decision Date | 31 October 1889 |
| Citation | 50 N.W. 124,6 Dak. 300 |
| Parties | Territory v. Anderson. |
| Court | South Dakota Supreme Court |
OPINION TEXT STARTS HERE
Error to district court, Minnehaha county; F. R. Aikens, Judge.
John Anderson was convicted of grand larceny, and brings error. Affirmed.
The indictment charged that defendant, at a certain time and place, “did fraudulently and feloniously steal, take, and carry away divers bank-bills, commonly known and denominated as ‘national currency,’ of divers denominations, the number and denominations of which are to the grand jury unknown, of the amount and value of $25, which said bills circulated and passed as money, and which were then and there the property and in the possession of one B.,” etc. Pen. Code Dak. § 580, defines “larceny” as “the taking of personal property, accomplished by fraud or stealth, and with intent to deprive another thereof.” Defendant's motion in arrest of judgment, on the ground that the facts stated in the indictment did not constitute a public offense, was denied.
Winsor & Kittredge, for plaintiff in error. Johnson Nickens, Atty. Gen., for defendant in error.
The judgment in this case is affirmed.
All of the justices concur, except Aikens, J., not sitting.
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State v. Provost
...theory that the language thus employed is equivalent to the expression, 'with intent to deprive another thereof.' Territory v. Anderson, 6 Dak. 300, 50 N.W. 124. Though to some extent informal, we think the information fairly imports all the elements of the crime of grand larceny, and, in o......
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Flohr v. Territory Oklahoma
...has been reached that the indictment is good in this respect. ¶24 The supreme court of Dakota in the case of the Territory of Dakota v. Anderson, 50 N.W. 124, had under consideration a case almost identical with this. In that case "the indictment charged that the defendant at a certain time......
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Flohr v. Territory
...a conclusion has been reached that the indictment is good in this respect. The Supreme Court of Dakota in the case of the Territory of Dakota v. Anderson, 50 N.W. 124, had under consideration a case almost identical with this. that case "the indictment charged that the defendant at a certai......
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State v. Halpin
...that the language thus employed is equivalent to the expression, “with the intent to deprive another thereof.” Territory v. Anderson, 6 Dak. 300, 50 N. W. 124. Though to some extent informal, we think the information fairly imports all the elements of the crime of grand larceny, and, in ord......