State v. Pate
Supreme Court of Missouri
Appeal from Shannon Circuit Court. — Hon. W. V.' Evans, Judge. (1) The evidence on the part of the State is insufficient to support a verdict of guilty under a charge' of embezzlement of money. There is no evidence that defendant embezzled the sum charged, or any sum at any time.
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Appeal from Shannon Circuit Court. — Hon. W. V.' Evans, Judge. (1) The evidence on the part of the State is insufficient to support a verdict of guilty under a charge' of embezzlement of money. There is no evidence that defendant embezzled the sum charged, or any sum at any time. State v. Mispagel, 207 Mo. 557; State v. Martin, 230 Mo. 680; Hanna v. Insurance Co., 241 Mo. 400; State v. Moreaux, 254 Mo. 398; State v. Castleton, 255 Mo. 201; State v. Hamilton, 263 Mo. 300. (2) Instruction No. 2 given on behalf of the State is erroneous, in that it omits the necessary elements of the offense of…
1Opinion of the CourtRevelle, J.
— After due preliminary proceedings the prosecuting attorney of Shannon County filed in the circuit court of that county his duly verified information, consisting of fifteen counts, and charging the defendant in certain counts thereof with embezzlement from the Bank of Birchtree, and in others with falsifying the records of said hank with intent to defraud. The counts as to the falsification of the records were dismissed, and defendant was tried on those charging embezzlement. He was convicted on the third count, which charged the embezzlement of $600 on the 19th day of June, 1911, and his…
2Cases cited17 opinions
- Laverty v. . SnethenNew York Court of Appeals · 1877
- Pease v. . SmithNew York Court of Appeals · 1875
- State v. NolandSupreme Court of Missouri · 1892
- Spalding v. PeopleIllinois Supreme Court · 1898
- State v. LentzSupreme Court of Missouri · 1904
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Capitol Indemnity Corp. v. Citizens National Bank of Fort ScottMissouri Court of Appeals · 2000
- State v. PetersIdaho Supreme Court · 1927
- Coleman v. Pioneer Studebaker, Inc.Missouri Court of Appeals · 1966
- Walker v. Gateway National BankMissouri Court of Appeals · 1990
- State v. LomaxSupreme Court of Missouri · 1929
6 more not listed; retrieve them via the Exa API.