Territory v. Marks

Citations

• 25 Haw. 219
• 1919 Haw. LEXIS 17

Syllabus

<p>Criminal Law — evidence—exhibits.</p> <p>In a trial of two defendants indicted jointly of the crime of larceny of one red colored steer it appeared in evidence that certain butchers’ tools, some of which were identified as having recently been in possession of one of the defendants, were found in close proximity to where the steer was found tied; that both defendants were seen in close proximity to the tied steer prior to the finding of the tools; that a dog identified as belonging to one of the defendants was baying the steer when first seen and the next morning was lying on the bundle of tools. Held, that under these circumstances it was not error to admit the said tools as exhibits in the case.</p> <p>Trial — instructions.</p> <p>Where the court has given an instruction sufficiently covering the points covered by a requested instruction it is not error to refuse the same although in itself correct.</p> <p>Same — same—larceny—ownership.</p> <p>Where an indictment for larceny alleges ownership of the steer alleged to have been stolen in A it is necessary to prove that fact as alleged to authorize a conviction and an instruction which authorizes a conviction without proof of ownership as alleged is error.</p> <p>Same — same—same—felonious intent.</p> <p>Under our statute defining larceny the felonious taking required is a taking with the intent to deprive the owner of the thing taken and to appropriate it to the use of the one taking and an instruction which authorizes a conviction, if the taking was with the mere intent to deprive the owner of the possession of the thing and without any intention of appropriating it to the use of the one taking, is error.</p>