State v. DeMosse
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — IIon. Henry P. White, Judge. (1) The evidence does not sustain the conviction. State v. Bird, 1 Mo. 585 ; State v. Mansfield, 41 Mo. 470 ; State v. Jaeger, 66 Mo. 173. (2) The court erred in. giving verbal instructions to the jury.
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Appeal from Jackson Criminal Court. — IIon. Henry P. White, Judge. (1) The evidence does not sustain the conviction. State v. Bird, 1 Mo. 585 ; State v. Mansfield, 41 Mo. 470 ; State v. Jaeger, 66 Mo. 173. (2) The court erred in. giving verbal instructions to the jury. R. S., sec. 1920 ; State v. Cooper, 45 Mo. 64 ; Stale v. Thompson, 83 Mo. 257. (3) The court erred in not instructing the jury as to the presumption of innocence the law raises in favor of every one charged with crime. (1) The evidence was sufficient to warrant the conviction. And where the evidence is sufficient to authorize…
1Opinion of the CourtSherwood, J.
— The defendant, indicted for stealing a buggy, harness, etc., was convicted of grand larceny,as was also one Totten who was tried at the same time, the defendant alone appealing.
I. The point is made that the testimony did not warrant the conviction. The next day after the theft, which occurred about the preceding midnight, the *342defendant was found, about two o’clock in"the afternoon, driving the stolen buggy with the harness on his horse. The other stolen articles were found next day and at his stable. The defendant professed to have borrowed the buggy of Totten. After both of the accused…
2Cases cited5 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- State v. RaySupreme Court of Missouri · 1873
- State v. WilliamsSupreme Court of Missouri · 1883
- State v. PintsSupreme Court of Missouri · 1876
- State v. BlountSupreme Court of Missouri · 1885
3Cited by11 opinions
- State v. HowardSupreme Court of Missouri · 1893
- State v. FosterSupreme Court of Missouri · 1893
- State v. DewittSupreme Court of Missouri · 1899
- State v. CrabSupreme Court of Missouri · 1894
- State v. KeeleSupreme Court of Missouri · 1891
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