State v. Donovan

Citations

• 108 Wash. 276
• 183 P. 127
• 1919 Wash. LEXIS 865

Syllabus

<p>Larceny (2)—Property Subject—Outlawed Whiskey. Whiskey, although outlawed and unlawfully held by one whose possession the law did not protect, may be the subject of larceny.</p> <p>Same (6)-—Information—Sufficiency. An information for the larceny of whiskey which alleged that it was taken by the “trick and device” of defendant’s appearing as a police officer, does not show on its face that it was taken into the custody of the law.</p> <p>Same (34)—Trial—Instruction. In a prosecution for larceny, an instruction as to the value necessary to constitute grand larceny is not prejudicial in failing to state all the elements of the offense, where such elements were stated in other instructions.</p> <p>Same (3, 10) —-Fraud or Appropriation — Information—-Sufficiency. An information for the larceny of whiskey charging that defendant obtained it by the “trick and device” of appearing as a police officer, and so having obtained it, did feloniously take and appropriate it to his own use, sufficiently charges the act of taking and appropriation as one continuous transaction, and is therefore not confined to larceny by embezzlement by a public officer as defined in Rem. Code, § 2601, subd. 3.</p> <p>Same (34)—Trial—Instructions. Under such an information, instructions submitting the question of guilt in the original taking, and in appropriating it to his own use following the original taking, are proper, since these two theories of guilt are not inconsistent.</p>