State v. Britt
Supreme Court of Missouri
Appeal from Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) There was no sufficient evidence in the case tó warrant or authorize a verdict of guilty, or to sustain a conviction, and the court erred in refusing to instruct the jury to find the defendant not guilty. (2) It is not a crime to borrow a shot-gun and merely fail to return it. If defendant still had the gun, nothing further appearing, he was guilty of no offense against the law of the State.
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Appeal from Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) There was no sufficient evidence in the case tó warrant or authorize a verdict of guilty, or to sustain a conviction, and the court erred in refusing to instruct the jury to find the defendant not guilty. (2) It is not a crime to borrow a shot-gun and merely fail to return it. If defendant still had the gun, nothing further appearing, he was guilty of no offense against the law of the State. If some one stole the gun from him,, he was guilty of no offense. To constitute the crime of embezzlement it must be shown “that there…
1Opinion of the CourtFaris, J.
Defendant was convicted in ' the Circuit Court of Pemiscot County of grand larceny under *512the provisions of Section 4552, Revised Statutes 1909 and sentenced to imprisonment in the Penitentiary for a term of two years. From this conviction, after the usual motions and pursuant to the conventional procedure, he has appealed.
Many contentions of alleged error are urged upon our attention by defendant. These include (a) errors in the instructions, (b) error in overruling defendant’s plea in bar for that, as it was averred, he had not been accorded a preliminary hearing, and (c) error in refusing…
2Cases cited12 opinions
- State v. NolandSupreme Court of Missouri · 1892
- Hollingsworth v. StateIndiana Supreme Court · 1887
- State v. CunninghamSupreme Court of Missouri · 1900
- State v. RingSupreme Court of Minnesota · 1882
- State v. ReillyMissouri Court of Appeals · 1877
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3Cited by7 opinions
- United States v. Ellison M. StocktonCourt of Appeals for the Fourth Circuit · 1986
- McAllister v. StateCourt of Criminal Appeals of Oklahoma · 1953
- State v. MeiningerSupreme Court of Missouri · 1925
- State v. HardinMissouri Court of Appeals · 1982
- State v. RogersSupreme Court of Missouri · 1928
2 more not listed; retrieve them via the Exa API.