State v. Robinson

Citations

• 30 Del. 106
• 7 Boyce 106
• 103 A. 657
• 1918 Del. LEXIS 25

Syllabus

<p>1. Criminal Law—Effect of Testimony—Credibility of -Witnesses.</p> <p>The effect of the testimony and the credibility of witnesses are for the jury, and the court cannot comment thereon.</p> <p>2. Criminal Law—Circumstantial Evidence.</p> <p>Circumstantial evidence, to warrant a verdict of guilty, must be entirely satisfactory, and of such significance, consistency, and force as to produce conviction in the minds of the jury of the guilt of the accused beyond a reasonable doubt.</p> <p>3. Criminal Law—Testimony of Accomplice.</p> <p>While a jury may convict upon the unsupported testimony of an accomplice, the better rule is that conviction should not be had unless such testimony is corroborated in some material part by other evidence, direct or circumstantial.</p> <p>4. Larceny—Possession of Property.</p> <p>Where personal property that has been recently stolen is found in th® possession of a person, that person is presumdd to be the thief, and guilty of the larceny, unless he makes a satisfactory explanation of such possession, and convinces the jury that it is a lawful one.</p> <p>5. Larceny—Ownership as Laid—Proof.</p> <p>It is not essential that the state should prove sole or actual ownership in the person named as owner in an indictment for larceny; proof of lawful possession at the time of the theft being sufficient under Rev. Code 1915, § 4834.</p>