State v. Stanley
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. (1) It is elementary law that in prosecutions for petit larceny that the information must allege, and the proof show that the stolen property had some value under thirty dollars at the time it was stolen. 1 McClain on Criminal Law, sec. 586. Further, this rule is conceded to be correct by Burgess, J., in State v. Weber, 156 Mo. 259; Miller v. Brvden, 34 Mo.
Read the full summary
Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. (1) It is elementary law that in prosecutions for petit larceny that the information must allege, and the proof show that the stolen property had some value under thirty dollars at the time it was stolen. 1 McClain on Criminal Law, sec. 586. Further, this rule is conceded to be correct by Burgess, J., in State v. Weber, 156 Mo. 259; Miller v. Brvden, 34 Mo. App. 602; State v. Wheeler, 108 Mo. 658. (2) It was error to give instruction number two given by the court. The taking of the gloves was admitted. The defendant’s evidence…
1Opinion of the CourtBland, P. J.
The appeal is from a conviction of defendant of petit larceny, on an information filed by the prosecuting attorney of Phelps county. The evidence is that O. A. Hassler is a locomotive engineer, on the St. Louis and San Francisco Railroad, and in May, 1905, his run was between Newberg and Springfield, Missouri. On the thirteenth day of said month, at about 4:30 o’clock a. m., he brought his train into Newberg and. run the engine (No. 1001) into the roundhouse, put Ms *297gloves, a bar of soap and other articles into a box on the engine and locked the box with a Yale lock. On the next morning he…
2Cases cited10 opinions
- State v. FairlambSupreme Court of Missouri · 1894
- Miller v. BrydenMissouri Court of Appeals · 1889
- Stevens v. SpringerMissouri Court of Appeals · 1886
- State v. WardenSupreme Court of Missouri · 1888
- Garvey v. MarksSupreme Court of Missouri · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. BrewerSupreme Court of Missouri · 1956
- State v. SupinskiMissouri Court of Appeals · 1964
- State v. GibsonMissouri Court of Appeals · 1966
- State v. StulceMissouri Court of Appeals · 1981
- State v. PierceSupreme Court of Missouri · 1912