Swilley v. State
Swilley v. State
Opinion of the Court
Upon a charge of larceny of “one twenty dollar bill of the lawful money of the United States of America and of the value of twenty dollars, divers ten dollar bills of the lawful money of the United States of America and of the value of ten dollars each, divers five dollar bills of the lawful money of the United States of America and of the value of five dollars each, divers one dollar bills of the lawful money of the United States of America and of the value of one dollar each, all of the goods and chattels of one W. C. Knighton and of the total value of one hundred and one dollars,” the jury returned the following verdict: “We, the jury, find the defendant guilty and recommend him to the mercy of the court, so say we all.” The defendant moved in arrest of judgment:
“1. Because said verdict does not áhow nor determine whether said larceny is grand larceny or petit larceny.
“2. Because the verdict fails to name the value of the property stolen.
“3. Because the verdict does not fix the value of the property stolen.”
The motion was overruled and Swilley took writ of error to the judgment and sentence imposed as for a felony.
Judgment affirmed.
Reference
- Full Case Name
- John Swilley, in Error v. The State of Florila, in Error
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- In a prosecution for larceny on a stated day of “one twenty dollar hill of the lawful money of the United States of America and of the value of twenty dollars, divers ten dollar hills of the lawful money of the United, States of America of the value of ten dollars .each, divers five dollar hills of the lawful money of the United States of America and of the value of five dollars each, divers one dollar hills of the lawful money of the United States of America and of the value of five dollars each, divers one dollar chattels of one W. O. Knighton and of the total value of one hundred and one dollars,” when the verdict is “We the Jury, find the defendant guilty and recommend him to the mercy of the Court, so say we all” such verdict is responsive to a charge of an entire offense in a single count; and a motion in arrest of judgment on the ground that the verdict should state the value of the stolen property is properly overuled.