Supreme Judicial Court of Maine, 1858

State v. Stimpson

State v. Stimpson
Supreme Judicial Court of Maine · Decided July 1, 1858 · Hathaway, Rice
45 Me. 608
State v. Stimpson

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Hathaway, J.,

announced the opinion of the Court, that there was no error in the ruling and instructions of the Judge at Nisi Prius, and ordered an entry of

Exceptions overruled.

Rice, J.,

remarked, that the instructions, as applicable to the third count, are correct; as applicable to the fourth count, they would be erroneous, it not being alleged in that count, *611that the principal larceny was committed in this State. See Commonwealth v. Andrews, 2 Mass. 14.

As to this doctrine of constructive larceny, I do not feel at all satisfied; and, if it were a new question, I should be opposed to it. On principle, it is, in my judgment, erroneous ; and, being so, should not be extended.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.