1 Neb. 11 | Neb. | 1871
The plaintiff in error, Charles Loughridge was tried at the October term of the District Court for Douglas county, upon an indictment charging that, on the 30th day of August, 1867, in the county of Douglas, State of Nebraska, he did steal, &c., a pocketbook and other property to the . amount of about five hundred dollars. The evidence shows, that the property in question Avas taken from one Hanson, at St. Johns, in the State of Iowa, and found in the pos- ■ session of Loughridge a few days subsequently at Omaha, in Douglas county, in this State. The judge, in effect charged the jury that if they found that the prisoner feloniously took the property in the State of Iowa, and escaped into this State, and was found in- possession of it, in Douglas county, they might find him guilty under the indictment. The jury returned a verdict of guilty. Motions were made for a new trial and in arrest of judgment, which were overruled ; and the case is brought here on alleged error lying chiefly in the charge to the jury. Whether an indictment for larceny can be supported, where property is originally stolen in one of the United States, and carried into another State, where the thief is arrested and prosecuted, is a question upon Avhich the cases are in
. No case sustaining an indictment under such circumstances asserts the rights of courts of one State to entertain jurisdiction of cases where crimes were committed in other States; but they- all .proceed upon the assumption that the possession in the thief amounts to a larceny in every county into which he carries the 'goods, .because the legal possession-remains in the true owner, and'therefore every moment’s, continuance of the felony amounts to a new caption and asportation.. There is considerable subtlety in this principle, and it .was, no doubt,.suggested for the convenience of -trying felons in thfe county where they might be taken with thé goods, and to avoid their escaping punishment by fleeing from one State or locality into another.
Judgment reversed.