Leslie v. State
Leslie v. State
Opinion of the Court
The plaintiff in error was indicted, tried and convicted at the Fall term, 1894, of the Circuit Court for St. Johns county of the crime of larceny of the property of one Augustus Schoor exceeding one hundred dollars in value, and was sentenced to five years im
We have recently, at the present term, disposed of another case against the same defendant, wherein he was tried and convicted in the same court of the crime of entering a certain building or office, the property of one L. Alexander, with intent to commit a misdemeanor, to-wit, with intent to commit larceny of property less in value than one hundred dollars. In that -case the conviction sustained was had substantially upon the same testimony adduced in the present case; the points of law raised and decided upon the assignments of error therein were identically the same as are presented in this case, and what is said and decided upon the various questions in that case are fully decisive of the same questions presented in this. It is, therefore, unnecessary for us to notice further any of the assignments of error in this case, with two exceptions not presented in the other case.
The property stolen in this case was shown to have -consisted of several articles of diamond jewelry belonging to Miss Augusta Schoor, and were shown to have been stolen out of her trunk in a room of a hotel in St. Augustine occupied by her, which hotel was kept by Joseph Lynn, and was known as “Lynn’s Hocel.” It was further shown that the defendant, within a day or two after the jewelry was stolen, was arrested in Jacksonville, Fla., and in his trunk the stolen jewelry was found. At the trial the State introduced Joseph Lynn' as a witness, who testified: That on the 14th or loth of March he went to Jacksonville on the same train with the defendant, and saw him arrested by the policeman in Jacksonville. He was taken in a carriage to Chief of Police Phillip’s office. He called me one side and said “Lynn, I am a
The second contention that we deem it necessary to-notice is that the venue was not sufficiently established. There is no merit in this contention. The proof shows, that the property was stolen from “Lynn’s Hotel” in the city of St. Augustine. The city of St. Augustine is the county site of St, Johns county, and from these facts, although no witn ess stated in direct terms that the crime was committed in St. Johns county, the venue of the crime as being in that county was sufficiently established. Duncan vs. State, 29 Fla. 439, and cases cited.
Reference
- Full Case Name
- John Leslie, alias, etc., in Error v. The State of Florida, in Error
- Cited By
- 8 cases
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- Syllabus
- CRIMINAL LAW — CONFESSIONS—PROOF OF VENUE. 1. Where a party, while under arrest, of his own molion, calls another party, from whose hotel certain jewelry has recently been stolen, privately to one side, and there voluntarily, and without inducement or threat, proposes to give up the jewelry recently stolen from such party’s hotel, upon condition that he is released, such proposition is such a voluntarily made conf es:sion, as to both the possession of the stolen goods and as to knowledge that such goods had been stolen, as to become pertinently admissible in a subsequent trial of such prisoner for the larceny of such jewelry. 2. Where the proof, in a trial for larceny, showed that the property was stolen from “Lynn’s hotel, in the city of St. Augustine,” it is sufficient to establish the venue of the crime as being in St. Johns county, the city of St. Augustine being the county site of that county.