State v. Lackland
Supreme Court of Missouri
Appeal from Lafayette Criminal Court. — Hon. John E. Ryland, Judge. • (1)' Instruction number 2 given on part of state is erroneous in that it omits the element of felonious intent. State v. Campbell, 108 Mo. 611; State v. Moore, 101 Mo. 316; State v. Witt, 9 Mo. 392. (2) The evidence was insufficient to authorize the instruction on the presumption arising from recent possession of stolen property.
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Appeal from Lafayette Criminal Court. — Hon. John E. Ryland, Judge. • (1)' Instruction number 2 given on part of state is erroneous in that it omits the element of felonious intent. State v. Campbell, 108 Mo. 611; State v. Moore, 101 Mo. 316; State v. Witt, 9 Mo. 392. (2) The evidence was insufficient to authorize the instruction on the presumption arising from recent possession of stolen property. State v. Crank, 75 Mo. 406; State v. Taylor, 111 Mo. 538; State v. Scott, 109 Mo. 226; State v. Wilks, 58 Mo. App. 159; State v. Castor, 93 Mo. 242; State v. White, 126 Mo. 591; 2 Bishop on Crim.…
1Opinion of the CourtGantt, P. J.
The defendant was indicted for grand larceny at the March term, 1894, in the Lafayette criminal court. He was tried at the October term of that year and the jury failed to agree. At the March term, 1895, the cause was continued to the October term, 1895, at which term he was again tried and convicted and his imprisonment assessed at two years. He seeks a reversal on various grounds.
In 1893 E. J. Lackland, the father of the defendant, with his wife and two sons, John and Andy, were living on a farm near Greenton, a village in Lafayette county. Cornelius Ford lived on a farm about one half of a…
2Cases cited8 opinions
- United States v. RossSupreme Court of the United States · 1876
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- State v. MooreSupreme Court of Missouri · 1890
- State v. WareSupreme Court of Missouri · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Stumpf v. MontgomerySupreme Court of Oklahoma · 1924
- Hays v. HoganSupreme Court of Missouri · 1917
- State v. ChaseSupreme Court of Missouri · 1969
- Vernon v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- State v. RutherfordSupreme Court of Missouri · 1899
17 more not listed; retrieve them via the Exa API.