State v. Smith

Delaware County Court of Quarter Sessions

State v. Smith

1 Del. Cas. 107, 1796 Del. LEXIS 14

CourtDelaware County Court of Quarter Sessions

DecidedNovember 17, 1796

StatusPublished

This text of 1 Del. Cas. 107 (State v. Smith) is published on Counsel Stack Legal Research, covering Delaware County Court of Quarter Sessions primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Smith, 1 Del. Cas. 107, 1796 Del. LEXIS 14 (Pa. Super. Ct. 1796).

Pincite

Opinion

Bassett, C. J.

There are two points for your consideration: first, whether there was a general or special property in Burton Cannon; second, whether Job Smith took the property out of the possession of B. Cannon with a mind to steal it. In order to convict this defendant you should be convinced Burton Cannon had either a general or special property in the Negro. It is true a man may be guilty of stealing the goods of a person unknown, but then it should be so laid. I apprehend that wherever a man has lost the possession of goods, and another has possession tortiously, the owner may take the possession if he does not commit a breach of the peace. But you are to consider whether B. Cannon had a genéral or a special property in the Negro, secondly whether defendant took the property feloniously.

Verdict, not guilty.

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Bassett, C. J.

There are two points for your consideration: first, whether there was a general or special property in Burton Cannon; second, whether Job Smith took the property out of the possession of B. Cannon with a mind to steal it. In order to convict this defendant you should be convinced Burton Cannon had either a general or special property in the Negro. It is true a man may be guilty of stealing the goods of a person unknown, but then it should be so laid. I apprehend that wherever a man has lost the possession of goods, and another has possession tortiously, the owner may take the possession if he does not commit a breach of the peace. But you are to consider whether B. Cannon had a genéral or a special property in the Negro, secondly whether defendant took the property feloniously.

Verdict, not guilty.

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Bluebook (online)

1 Del. Cas. 107, 1796 Del. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-paqtrsessdelawa-1796.