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Criminal Law Keyed to Gershowitz
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The King v. Pear
Citation:1 Leach 212, 168 Eng. Rep. 208.
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- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The defendant hired Samuel Finch’s horse. The agreement was that the defendant would return the horse at 8pm the same evening he borrowed the horse. The defendant did not return the horse. He was charged with stealing the horse.
The jury found that the defendant hired the horse with a fraudulent view and intention of selling it immediately. The jury referred to the judges the question of whether the delivery of the horse to the defendant had changed the possession of the property.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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