State v. De Luca

Citations

• 25 Del. 158
• 2 Boyce 158
• 77 A. 742
• 1910 Del. LEXIS 86

Syllabus

<p>1. Larceny — Defined.</p> <p>Larceny is the felonious taking and carrying away of the personal property of another, with the intent to convert it to the use of the taker without the consent of the owner.</p> <p>2. Larceny — What Must be Proved by the State.</p> <p>In a prosecutiou for larceny, the State must prove that the property taken was_ personal property of some value belonging to the owner named in the indictment and that it was taken feloniously by the defendant with intent to convert it to his own use within two years prior to the finding of the indictment, and in the county in which the case was being prosecuted.</p> <p>3. Larceny — Possession of Stolen Goods — Presumption.</p> <p>Where goods have been recently stolen and found in the possession of another, such person is presumed in law to be the thief, unless he satisfactorily explains to the jury how he acquired them, such as by mistake, or without his knowledge or consent. '</p> <p>4. Larceny — “Taking”—What Constitutes.</p> <p>To constitute “a taking, ” in larceny, the property need only be separated from the owner, so that its removal from one place to another feloniously, intending to convert it to one’s own use, is sufficient.</p> <p>5. Criminal Law — Presumption of Innocence — Burden of Proof.</p> <p>In criminal cases, the defendant is presumed to be innocent; the burden being upon the state to prove all the essential elements of the crime beyond a reasonable doubt.</p> <p>6. Criminal Law — “Reasonable Doubt.”</p> <p>By the term “reasonable doubt,” beyond which the state must prove its case in a criminal proceeding, a mere vague, fanciful, or speculative doubt is not meant, but a reasonable doubt remaining in the minds of the jury after a careful consideration of all the testimony.</p> <p>7. Criminal Law — Character of Accused — Consideration of.</p> <p>In a prosecution for larceny, the good character of the accused is to be considered with the other testimony, and given such weight as the jury