People v. Sheahan

1 Wheel. Cr. Cas. 188

• Court: New York Court of Common Pleas
• Decided: February 15, 1823
• Status: Published

Opinion

By the Court..

“The prisoner, John Sheahan, is in- “ dieted for stealing six fur caps, the property of Augus- “ tus F. Dettreich. The evidence against the prisoners “ that kind in law denominated circumstantial or presump“live evidence. This kind of evidence is peculiarly prop- “ er for the consideration of a jury. There are some cir- “ cumstances against the prisoner. '

1. “ He was found in possession of the stolen articles.

2. “ He refused to give any account how they came into “ his possession.

3. “ They were found in a dark cellar, secured in a “ trunk.

4. “ He refused, at first, to afford the officers any facili- “ ties to search the premises, but afterwards consented.

“ There are other circumstances in his favor.

1. “ The chest in which the articles were was not locked.

2. “ The stolen property was found on the top of the “ trunk.

3. “ There were six hats stolen, and but three found.

4. “ It appears the articles were stolen in the day time, “the prisoner was’lame, a circumstance that would prob- “ ably have attracted the attention of the prosecutor to his “ person, if he had been in the store.

5. “ A number of respectable witnesses have testified “ that the prisoner heretofore sustained a good character.”

And the Court left it to the jury to say, from all the circumstances of the case, whether the prisoner was guilty or not guilty.

The prisoner was acquitted.