Rice v. United States
Rice v. United States
Opinion of the Court
This is an appeal from a conviction of petit larceny.
Appellant admitted that the prosecuting witness had made inquiry about change for a ten dollar bill, but asserted that the witness tendered a one dollar bill — not a ten dollar bill — and was given the correct change.
Appellant contends that the offense, if any, was not larceny. The authorities are to the contrary. They hold that one who is handed a bill or coin for the purpose of making change receives only custody of the money, and if he returns less than the correct change, with the felonious intent of converting the remainder to his own use, he is guilty of larceny.
Appellant argues that the element of trick or design present in the cases of John v. United States, 65 App.D.C. 11, 79
Appellant’s remaining assignment of error is that there was insufficient evidence to justify conviction, since the testimony of complaining witness was uncorroborated. It has been repeatedly held that, generally the testimony of a single witness, may legally suffice as evidence upon which a jury may found a verdict.
Affirmed.
Code 1940, 22—2202.
52 C.J.S. Larceny, § 34; 32 Am.Jur., Larceny, § 56; 2 Wharton, Criminal Law, § 1217 (12th eel., 1932); Miller, Criminal Law, 360 (1934).
Murphy v. People, 104 Ill. 528; Hilde
The information charged larceny of money of the value of nine dollars. Should not the value have been stated as ten dollars? See Finkelstein v. State, supra; Walters v. State, 17 Tex.App. 226, 50 Am.Rep. 128; Farrell v. People, supra; 2 Wharton, Criminal Law, § 1217, footnote 18 (12th ed., 1932). However, this point was raised neither in the court below nor hero and therefore we do not consider it.
United States v. Simon, 3 Cir., 119 F.2d 679, certiorari denied, 314 U.S. 623, 62 S.Ct. 78, 86 L.Ed. 500; People v. Kozlowski, 370 Ill. 639, 19 N.E.2d 612; Haskette v. State, 65 Okl.Cr. 299, 85 P.2d 761; 7 Wigmore, Evidence, § 2034 (3rd ed., 1940).
Reference
- Full Case Name
- RICE v. UNITED STATES
- Status
- Published