State v. Von Buren

Citations

• 30 Del. 79
• 7 Boyce 79
• 102 A. 981
• 1918 Del. LEXIS 14

Syllabus

<p>1. Criminal Law—Argument—Objection.</p> <p>The time to object to any remarks of the Attorney General in his closing argument was when they were made; and the court, on request after the argument, could not instruct the jury to ignore such remarks.</p> <p>2. Larceny—Definition.</p> <p>Larceny is the felonious or wrongful taking of the personal property of another without the consent of the owner, and with the intention on the part of the taker to convert the property to his own use.</p> <p>3. Larceny—Intent—Presumption and Burden of Proof.</p> <p>If defendant took certain diamond rings without the owner's consent, the law presumes that he took them with the intention of converting them to his own use, and the burden is on him to satisfy the jury that he took them for a lawful, and not an unlawful, purpose.</p> <p>4. Larceny—Requisites—Intent.</p> <p>If defendant, charged with the larceny of certain diamond rings, satisfied a jury that he did not take them with the intention of converting them to his own use, he did not commit larceny, as the intention must be in his mind when the property is taken.</p> <p>5. Larceny—Intent—Return of Goods.</p> <p>If a defendant intended, at the time the personal property was taken, to convert it to his own use, it was larceny, notwithstanding he may have later repented of the taking and returned the property.</p> <p>6. Criminal Law—Sufficiency of Evidence—Reasonable Doubt.</p> <p>In a prosecution for larceny, the jury could not convict, unless they were satisfied beyond a reasonable doubt that defendant was guilty.</p>