State v. Fonza ( 1962 )

Thompson, J.

(dissenting) — I am unable to agree that there was insufficient evidence of larceny from the person in State v. Fonza, to support a jury submission. The evidence is this: Williams was assaulted by four men, of whom the defendant was one. He was somewhat severely beaten. Shortly before the assault his billfold was in his pocket; so far as he knew it ivas there at the time of the assault. After the assault it was gone.

It seems to me this justifies an inference that the purse was taken during the assault; in fact, there seems no other motive for the attack. The majority concede there was sufficient evidence to submit defendant’s connection with the assault. So I reason there was also sufficient evidence.to connect him with the taking of the billfold. The question was properly submitted to the jury.

Garfield, C. J., joins in this dissent.