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State v. Napier

Court of General Sessions of Delaware, Sussex County

February 25, 1950

STATE
v.
NAPIER et al.

Daniel J. Layton, Jr., Deputy Attorney General, for the State.

Jack White, of Georgetown, for defendants.

CAREY, J., sitting.

[45 Del. 264] CAREY, Judge.

The motion must be denied. 5200 Revised Code of Delaware 1935, as amended by 43 Laws of Delaware, Ch. 235, expressly makes checks of the value of $25 or more the subject of grand larceny. Paragraph (f) of this section reads in part as follows: 'In all prosecutions under this section the value of promissory notes, bank notes, bills of exchange, cheques, bonds, and other evidences of debt shall be deemed the sum of money due thereon or secured thereby and remaining unsatisfied * * *'. Statutes containing words almost identical with this have uniformly been construed as laying down a rule of evidence, under which the face value is deemed to be

Page 754

State v. O'Connell, 144 Mo. 387 46 S.W. 175 Whalen v. Commonwealth, 90 Va. 544
19 S.E. 182 State v. Harrison, 347 Mo. 1230 152 S.W.2d 161 State v. Cassill, 71 Mont. ...

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