State v. George
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Ralph 8. Latshaw, Judge. (1) Defendant having bought and received the cigars in question from George Winn, who was lawfully in possession thereof as the agent and servant of the Kansas City Transfer Company, his offense, if any, was that of having received embezzled property knowing the same to have been embezzled and his conviction for receiving stolen property, knowing the same to have been stolen, cannot stand.
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Appeal from Jackson Criminal Court. — Hon. Ralph 8. Latshaw, Judge. (1) Defendant having bought and received the cigars in question from George Winn, who was lawfully in possession thereof as the agent and servant of the Kansas City Transfer Company, his offense, if any, was that of having received embezzled property knowing the same to have been embezzled and his conviction for receiving stolen property, knowing the same to have been stolen, cannot stand. State v. Casey, 207 Mo. 1; State v. Fink, 186 Mo. 50; State v. Ginnusa, 258 Mo. 273. (2) The evidence is insufficient to sustain the…
1Opinion of the CourtBrown, J.
Charged with receiving 22,500 cigars of the value of $170 knowing the same to have been stolen, defendant was convicted in the criminal court of Jackson county, Missouri, and his punishment fixed at two years in the penitentiary, and he appeals.
There is no evidence in the record tending to prove that the cigars which defendant received were stolen. On the contrary the evidence tends to prove the following facts: that the cigars were shipped to the Parker-Gordon Cigar Company at Kansas City over the Chicago, Rock Island & Pacific. The Kansas City Transfer Company, hereinafter des*688ignated as the…
2Cases cited1 opinion
- State v. GennusaSupreme Court of Missouri · 1914
3Cited by2 opinions
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- State v. BrightSupreme Court of Missouri · 1954