State v. Waples
This text of 1 Del. Cas. 63 (State v. Waples) 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.
Opinion
He is a witness to prove the force and no more than the force; he cannot prove either a possession or a lease.
N.B. At Dover the next week, the Court, on argument by Ciarle and Fisher for defendant and Miller for the State, in a prosecution against one Beauchamp under the Act of Assembly for assisting in stealing a horse (though the principal was not yet tried, being, as was said, all principals by the Act), determined that the prosecutor, being owner of the horse, should only be allowed to prove the stealing, but not the property or possession. [2 Del.Laws 667], Vide [1] Dall. 68 and 110. Vide, contra, State v. Jacobs.
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1 Del. Cas. 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-waples-paqtrsessdelawa-1795.