STATE V. SHAW
65 N.E. 875 (1902)
NATURE OF THE CASE: This was an appeal from a criminal trial for theft.
FACTS: The Shaws (D) were in a small sailboat that was overtaken by a tugboat. On the
sailboat were fish. D claimed that the fish came from a net trap near Cleveland. D refused
to come into harbor, was forced to come into harbor, and was arrested for theft. Ds were
charged with the theft of $41 worth of fish from Grow and Hough. Evidence established that
Grow and Hough owned the nets from which the fish were taken. It was established at trial
that the nets used were such that it was possible for fish to escape the same way they got
in and that the nets were frequently disturbed by storms and winds such that fish escaped
over the top of them. The State rested its case and D moved for a directed verdict of not
guilty. The court overruled that motion but after argument did direct a verdict of not
guilty which the jury returned. The State appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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