Akroyd v. State

Citations

• 107 Miss. 51
• 64 So. 936

Syllabus

<p>1. Larceny. Acts constituting. Obtaining possession of property fraudulently with felonious intent. Criminal law. Instructions. Request. necessity for. Witnesses. Cross-examination of accused. Extent. Appeal. Record.</p> <p>If the possession of personal property is obtained fraudulently, with the felonious intent existing at the time to deprive the owner thereof, and the person so obtaining it does, in pursuance of such intent, deprive the owner of the property, larceny is thereby committed.</p> <p>2. Crimina! Law. Instructions. Request, necessity.</p> <p>The court is not required to give an instruction on an issue arising in the case unless requested so to do.</p> <p>3. Larceny. Evidence. Instructions.</p> <p>An instruction defining larceny, was unobjectionable, where the issue was whether accused lawfully obtained possession of the property and then converted it to his own use, and hence was not guilty of larceny, or whether he obtained possession fraudulently, with the felonious intent at the time to deprive the owner thereof, followed by conversion, which would make him guilty of larceny.</p> <p>-4. Witnesses. Cross-examination of accused. Extent.</p> <p>The state has the right to cross-examine a defendant about matters testified to by him in his examination in chief.</p> <p>5. Appeal. Record.</p> <p>Where the record on appeal does not disclose that the circuit judge made statements to the jury attributed to him in the assignment of errors the supreme court will not consider such assignment.</p>