Opinion
Gen. No. 10,010. (Abstract of Decision.)
Opinion filed July 11, 1945 Released for publication July 27, 1945
LARCENY § 27 — when evidence shows lack of felonious intent. In prosecution for theft of tire pressure gauge valued at $3.10, where it appeared a gauge was lost from defendant's filling station and third party informed him it was in use at another filling station several miles away, and defendant went there, identified gauge as his by markings thereon, and took same away, claiming ownership and leaving his name and address, and it appeared complainant had similar gauge, but gauge found in defendant's possession by sheriff and submitted in evidence was admittedly not that of complainant, held that conviction of larceny upon trial by court without jury was unwarranted, there being no proof of felonious intent nor proof beyond reasonable doubt that complainant's property was taken.
See Callaghan's Illinois Digest, same topic and section number.
Error to the County Court of Livingston county; the Hon. J. H. MCFADDEN, Judge, presiding.
Reversed and remanded. Heard in this court at the February term, 1945.
Hubert H. Edwards, State's Attorney, for defendant in error.
Not to be published in full. Opinion filed July 11, 1945; released for publication July 27, 1945.