25 Iowa 273 | Iowa | 1868
Upon the trial, the court, among other instructions to the jury, gave the following: “If you should believe from the evidence that the said watch was dropped from the pocket of the owner and picked up by the defendant, and converted to his own usé without the knowledge of the owner, it would be sufficient to charge him with larceny.” This instruction is clearly erroneous. The finding and conversion of property without the knowl edge of the owner is not larceny. By section 4242 of the Revision, such finding and conversion by one knowing the owner is declared to be larceny and punishable as such. The instruction is erroneous in not being qualified in accordance with this section.
On account of these errors, the judgment of the District Court is reversed, and the cause remanded for a new trial. It appears that the defendant is in confinement in the penitentiary pursuant to his sentence. He will be delivered into the custody of the sheriff of Polk county, by the warden of the penitentiary, upon a certified transcript of the judgment of this court being presented to that officer. The prisoner will be detained by the sheriff to await his trial, unless discharged upon bail, as provided by law.
Keversed.