No. 1307 | Haw. | Oct 3, 1921
OPINION OF THE COURT BY
The defendant-plaintiff in error, Charles E. Thompson, together with Willie Thompson, Mailani Morton and Willie Malie, was tried in the circuit court of the second circuit of this Territory on an indictment, charging that they the
The attorney general in Ms opening statement to the jury said: “We will show you that the animals in question were domesticated animals and raised in Mr. Morton’s home paddock until months old, or eight months old perhaps ; that they were then turned into the upper ranch or paddock, and remained there until the 16th day of May, or thereabouts. We will show you that on the 15th day of May, by several witnesses, that these three boys or young men, who are employes of Mr. Thompson, were seen bringing these three animals out of Morton’s paddock, leading them down, one of the boys leading two of the animals, the second leading one, and the third boy coming behind with the mule. We will shoAV you that the animals in question were taken by these three boys into Thompson’s home paddock, Avhere his slaughter-house is. We Avill prove by credible Avitnesses and testimony that these animals which were brought doAvn that day Avere the animals of Mr. Morton, recognized as such by tAVO parties Avho knew these animals before.” The aboAre in substance was all he, the attorney general, proposed to prove. He, as Avill be observed, does not state that lie Avould shoAV any conspiracy or concerted action between the boys on one hand and Thompson on the other or that Thompson directed the said Willie Thompson, Mailani Morton and Willie Malie to take the cattle, or knew that they had taken them or that the cattle had been stolen.
The defense of all the defendants, particularly of the said Willie Thompson, Mailani Morton and Willie Malie, Avas that they found the cattle on the government land, that they Avere wild animals and that they Avere not the subject of larceny.
All of the evidence adduced by the Territory Avas in support of its contentions and against that of the defendants, Avhile all of the eAddence adduced by the defendants was in
In State v. Mainor, 28 N.C. 274" court="N.C." date_filed="1846-06-05" href="https://app.midpage.ai/document/hinton-v--hinton-3653136?utm_source=webapp" opinion_id="3653136">28 N. C. 274, the two defendants were tried for fornication and the man convicted and the woman acquitted. The court held that after the acquittal of one defendant there could be no judgment against the other, the evidence being identical against both; that from the same evidence the jury could not find that the sexual intercourse was innocent upon the part of one of the parties and criminal upon the part of the other. In People v. Massett, 55 Hun 606" court="N.Y. Sup. Ct." date_filed="1889-12-02" href="https://app.midpage.ai/document/pendergast-v-greenfield-5497514?utm_source=webapp" opinion_id="5497514">55 Hun 606, 7 N. Y. S. 839, the defendant and two others Avere indicted for robbery. The prosecuting witness testified that AArhile in defendant’s saloon he Avas pushed and held doAvn by all three and his money Avas forcibly taken from his trousers pocket by defendant, the two others all the Avhile assisting. Defendant’s evidence was to the effect that on the refusal of the prosecuting witness to pay for his drinks he was ejected from the saloon, and that he Avas not pushed doAAm nor in any Avay assaulted further than being shaken by defendant Avho took hold of the lapels of his coat on his refusal to pay for the drinks. Held, that a verdict convicting defendant and acquitting his two codefendants AAras inconsistent and is invalid. The court said: “The jury, in the consideration of this evidence, either must have
Where the offense is not in its nature joint—and that is the nature of the case at bar—but two or more are jointly indicted and tried before the same jury, for the same offense, though not joint, in its nature, the jury may, if the evidence warrants the difference in the findings, convict one, acquit another and disagree as to a third, but the findings must be responsive to the evidence. Where the evidence is identically the same against all no jury can be permitted to make a difference in their cases by a purely arbitrary finding.
This being true the conviction of the defendant-plaintiff in error Thompson was without any basis and the judgment of the circuit court adjudging him guilty of the crime of larceny is reversed and the defendant-plaintiff in error is discharged.