... Reed's Appeal.. Reddall v. Bryan.... 841 Seyd v. Hay. 566 Reed v. Reed. 169 Seymore v. Greenwood 79 685 ........ 155 Shepard v. Richards 832 611 Shephard v. Midland Ry. Co..... 417 168 Sherley v. Billings.. 816, 817 7 Shipley v. Fifty Associates 819 214 Shipps Adm'r v. Suggetts.. 51 Rhodes v. Cleveland 76 Sibley v. McAllaster. Robertson v. Vaughan.. 518 Sloan v. Maxwell. 182, 193 Rogers v. Rogers.. 606, 607 Smith v. Commonwealth. 471 315 225 299 Russell v. De Grand. 138 Smith v. Smith... 232 683 Smith v. Story. 678 Ryan v. New York Central R. R. Co. Rylands v. Fletcher... Sadler v. Henlock 273 Smith v. Tebbit. 57 Soinies v. Rutgers' Fire Ins. Co.... 550 CASES IN THE SUPREME COURT OF TENNESSEE. DEFRESE, appellant, V. STATE. (8 Helsk. 53.) Larceny - obtaining property by a trick. On an indictment for larceny it appeared that the prisoner and S., who were confederates, met the prosecutor; S. dropped a piece of paper, prisoner picked it up while S. had stepped aside and took from it a five cent coin; S., on returning, received the paper from prisoner, saying that "he would not take ten dollars" for it, and proceeded to bet that there was a five cent coin in it; prosecutor bet his watch, and the stakes were placed in prisoner's hands, whereupon S. tore open the paper, exhibited a five cent coin, which had been concealed therein, snatched the watch and walked off. Held, larceny. INDICTMENT. The opinion states the case. J. B. Heiskell, attorney-general, for State. E. C. Camp (Wm. H. Maxwell with him), for prisoner. SNEED, J. The prisoner and one J. H. Smith were indicted in the circuit court of Knox county for the crime of robbery. They were both convicted of grand larceny, and adjudged to confinement in the penitentiary for five years. The prisoner appealed in error. Defrese v. State. On the 8th of January, 1869, the prosecutor, James P. Johnson, a citizen of Union county, was in the city of Knoxville. About noon of that day, he started out of the city in his wagon, and had reached a bridge near Ingles' mill, when the defendant Smith came up to the wagon and asked permission to ride, which was given, and, in a few moments, the prisoner, Defrese, came up and also wanted to ride. The prosecutor observed that he would have to stop on top of the hill to wait for his brother, but gave his permission also to the prisoner to get in the wagon, which he did. Both of the defendants were strangers to the prosecutor, and he states in his testimony that, "from their looks," he was afraid of them. He, however, drove on, with one sitting on either side of him, until they reached the railroad, when the defendant Smith asked him if he had a pistol, to which he replied in the negative. At this moment, Smith got out of the wagon and appeared to be taking something out of his pocket. He walked in the direction of some houses near by and disappeared behind them. The prisoner remarked that Smith had dropped something. The wagon was stopped, and the prisoner picked up from the ground a paper folded in the shape of "a thumb paper," and remounting into the wagon, he opened the paper and took from it a five cent coin, which he put into his mouth, and then refolded the paper as before. About this time the party had reached the top of the hill where the wagon was halted. Here Smith came up, and the prisoner observed to him that he had at the same time handing him the folded paper. Smith replied, "Oh, yes, I would not take ten dollars for that paper," and proposed at once to bet ten dollars that there was a five cent piece in the paper. The prosecutor replied that he did not wish to bet, and that he had no money. He was then asked by Smith to show his watch. The prisoner and Smith both examined the watch, then handed it back, and the prosecutor replaced it in his pocket, observing that it was worth forty dollars. The defendant Smith proposed to bet twenty-five dollars against the watch; but the prosecutor" had fears of them," as he says, and was not willing to bet. An offer was then made by Smith to bet forty dollars against the watch that there was a five cent coin in the folded paper. The prisoner, Defrese, at this time, says the prosecutor, "kept winking his eye at me." At this time Smith and the prisoner had alighted from the wagon and were standing by it. The prosecutor was sitting in the wagon. He states that he was afraid of the men, lost something, The defendant |