Majority
p. 119The People vs. Deborah Smith.
Headnote
In a prosegramilarceny a!ter.the Ter" diet is reeorded, but before they may, by District Attor-' ney and thewtines^’toas certain- the article stolen, ^ ¿^Tver-diet, whether-Grand Larceny:
Deborah Smith was indicted for a grand larceny, for stealing from the dwelling house of Elkanah Smith, a Merino Shawl, valued at thirty dollars, on the 2d of De J cember, 1822.
The proof against the prisoner was positive and satisfactory as to the felonious taking, it being found upon her, &c. The shawl was sworn to be worth more than twenty-five dollars by Miss Smith.
The jury immediately returned a verdict against her, which was recorded ; one or two of the jury expressed their disapprobation of the verdict, and thought the shawl could not be worth twenty-five dollars, in which case the crime would only amount to a petit larceny.
The Court asked the District Attorney if he would sent that the jury should re-consider. their verdict.. He replied in the affirmative.
Miss Smith was again called, who testified as before,, that the shawl was worth more than twenty-five dollars.
p. 120
She had given thirty dollars, and it was nearly as good as , , , , , „ . new, and would not take that for it. 3
One of the jurymen being a Merchant, was sworn, who testified that red merino shawls, as good as the one now before the Court, could be bought for thirty dollars new, that the shawl was not, in his opinion, worth more than sixteen dollars.
Upon this evidence the jury again passed upon the case, and a verdict of Petit Larceny was entered against the prisoner.