People v. Smith

Decided December 15, 1822

New York Court of Common Pleas · decided 1822-12-15

Grand Larceny: Deborah Smith was indicted for a grand larceny, for stealing from the dwelling house of Elkanah Smith, a Merino Shawl, valued at thirty dollars, on the 2d of DeJ cember, 1822. The proof against the prisoner was positive and satisfactory as to the felonious taking, it being found upon her, &c. The shawl was sworn to be worth more than twenty-five dollars by Miss Smith.

Decided 1822-12-15

¶1The Court asked the District Attorney if he would sent that the jury should re-consider. their verdict.. He replied in the affirmative.

¶2Miss Smith was again called, who testified as before,, that the shawl was worth more than twenty-five dollars. *120She had given thirty dollars, and it was nearly as good as , , , , , „ . new, and would not take that for it. 3

¶3One of the jurymen being a Merchant, was sworn, who testified that red merino shawls, as good as the one now before the Court, could be bought for thirty dollars new, that the shawl was not, in his opinion, worth more than sixteen dollars.

¶4Upon this evidence the jury again passed upon the case, and a verdict of Petit Larceny was entered against the prisoner.