State v. Short

Citations

• 23 Del. 295
• 7 Penne. 295
• 75 A. 787
• 1909 Del. LEXIS 10

Syllabus

<p>Criminal Law—Indictment—Breaking and Entering Dwelling House in Daytime—Intent to Commit Larceny—Principal —Accomplice—Evidence Necessary to Convict— Possession of Goods Recently Stolen— Character Testimony—Conflicting Testimony.</p> <p>1. In a trial of three defendants for breaking and entering a dwelling house with intent to commit larceny, in order to convict an accomplice the jury must be satisfied beyond a reasonable doubt that one or both of the other defendants did feloniously break and enter the dwelling house of the prosecuting witness with intent to commit larceny, as charged in the indictment,—that is, with the felonious intent to take and carry away the goods and chattels kept or deposited in said dwelling house with intent to convert them to his or their use without the consent of the owner, and that the alleged accomplice abetted, procured, commanded or counseled the commission of the crime.</p> <p>2. If one of said defendants did feloniously break and enter the said dwelling house with the intent as charged and another aided and assisted in the commission of the crime in any manner, such other would be equally guilty with the principal, as the law makes no distinctions in the degree of guilt between the principal offender and his accomplice.</p> <p>3. When a dwelling house in which moneys, goods and chattels, the subject of larceny, are kept and deposited, has been recently broken and entered into, and such moneys, goods and chattels, or any part of them, are then and there stolen, the subsequent possession thereof by a person is prima facie evidence of the commission by such person as well of the breaking and entering as of the intent to commit larceny. The possessor of such goods and chattels is presumed to have committed the whole crime— it may be as principal or accomplice—unless he satisfactorily accounts to the jury for his possession of such goods. This, however, is a rebuttable presumption.</p> <p>4. The degree of credit which ought to be g