Public-domain · open source
OpenJurist

14 Ind. 26

Clark v. State

Indiana Supreme Court

Decided January 14, 1860

Indiana Supreme Court · decided 1860-01-14

<p>APPEAL from the Allen Court of Common Pleas.</p>

Decided 1860-01-14

Pericins, J.

¶1Prosecution for the larceny of one 5 dollar bank bill on the bank of Pittsbwgh, Pennsylvania, of the value of 5 dollars, and four 1 dollar bank bills, of the value of 1 dollar each, on banks to the prosecution unknown.

¶2The defendant was convicted.

¶3The only proof of the genuineness of the bills, and of the existence of the banks on which they purported to be, was the testimony of the person from whom they were stolen, and who appears to have been a business man, that the bills were of the value expressed upon their faces.

¶4It seems to us that this evidence tended to prove the existence of the banks and the genuineness of the bills, and fairly made the facts questions for the jury. These are points not requiring the highest degree of evidence. Lewis’ U. S. Grim. Law, 468.—3 Greenl. Ev., § 153.

W. M. Crane and W. S. Smith, for the appellant.J. E. McDonald, Attorney General, and A. L. Roache, for the state.Per Curiam.

¶5The judgment is affirmed with costs.

/14/ind/26 · .json · Public domain