27 Wash. 93 | Wash. | 1901
The appellant was convicted of the crime of grand larceny. Prom the judgment and sentence pronounced thereon, he appeals. The case is here on the objection that the evidence is insufficient to justify the verdict. . Prom the record it appears that the appellant was working at the house of one B. D. Crocker, in the city of Walla Walla, at which there was stopping temporarily a Mrs. O’Neil, a sister of Mrs. Crocker. Mrs. O’Heil was the owner of a ring in which was set a diamond of considerable value, which ring she kept in a tray in her room when not wearing it. When preparing to leave the house of her sister, it was discovered that the diamond was gone; having been removed from its setting in the ring. This was on Sunday. On the Priday before] towards evening, Mr. Crocker, while in the library of the house, heard a peculiar noise in the upstairs part of the house, “as if a Chinaman was shuffling with his feet, or a child barefooted.” On going to ascertain the cause of the noise, he heard the weights of a window strike against the sides of the casing,
This is substantially all that appears from the record tending to connect the defendant with the crime charged. The principal objection urged is that it fails to show non-consent of the owner of the property to the taking. But non-consent of the owner of property alleged to have been stolen is simply one of the elements of larceny, to be proven by the same means and in the same manner as all the other elements must be proven. It may be shown by the circumstances of the case; and the question of the sufficiency of such circumstances to establish the fact is usu-’ ally one for the jury, and not for the court. It will not do to say that it can be proven only by the owner. The
The judgment is affirmed.