Maxwell v. Territory of Arizona

Citations

• 10 Ariz. 1
• 85 P. 116
• 1906 Ariz. LEXIS 83

Syllabus

<p>1. Criminal Daw — Verdict—Degree oe Crime. — Under a statute providing that where a crime is distinguished into degrees the jury must find the degree of which the defendant is guilty, the jury need specifically name the degree only when under the indictment they may find the defendant guilty of any of several degrees. The statute does not apply where the offense charged as of a certain degree cannot possibly embrace any other degree. McLane v. Territory, 8 Ariz. 150, 71 Pac. 938, distinguished.</p> <p>2. Darceny — Property Interest. — One who has taken an estray and is in possession thereof has such property interest therein that the taking of it from him may be larceny; so also one in possession of stolen property purchased from the thief; so also a thief, in possession of property he has stolen, as against another than the owner.</p> <p>(Syllabus by the court.)</p>