Legal Opinion

State v. Knolle

Missouri Court of Appeals

Decided November 19, 1901PublishedCited by 5 opinions

Appeal from St. Louis Court of Criminal Correction.- — Hon. Willis H. Clark, Judge. (1) The State failed to prove the venue. The only evidence on this point is that John Eoach, who says in answer to the question, “Are those the Missouri Pacific tracks at Tesson avenue and Mississippi avenue ?” Answer: “Yes, sir.” Tesson and Mississippi avenues may be in the county of St. Louis or in Jefferson county, Missouri.

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Appeal from St. Louis Court of Criminal Correction.- — Hon. Willis H. Clark, Judge. (1) The State failed to prove the venue. The only evidence on this point is that John Eoach, who says in answer to the question, “Are those the Missouri Pacific tracks at Tesson avenue and Mississippi avenue ?” Answer: “Yes, sir.” Tesson and Mississippi avenues may be in the county of St. Louis or in Jefferson county, Missouri. There is nothing to show that those streets are in the city of St. Louis; and they are not streets so notoriously and generally known as public highways in the city of St. Louis that…

1Opinion of the CourtGoode, J.

Appellant was convicted of petit larceny, for stealing two brass journals from the Missouri Pacific Railway Company, on the fourteenth day of January, 1900.

While the venue of the offense was perhaps proved with sufficient certainty to answer the requirements of the decisions on that subject, it was not shown, except inferentially, *240to have been either in the city of St. Louis or State of Missouri. The testimony as to the alleged theft located it at or near the railway yards on Mississippi avenue. In several cases it was ruled that such evidence was enough to warrant The jury in finding the…

2Cases cited10 opinions

  1. State v. DicksonSupreme Court of Missouri · 1883
  2. State v. JonesSupreme Court of Missouri · 1891
  3. State v. GrantSupreme Court of Missouri · 1882
  4. State v. BurnsSupreme Court of Missouri · 1871
  5. State v. RuthMissouri Court of Appeals · 1883

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. LardnerIllinois Supreme Court · 1921
  2. State v. ArmstrongSupreme Court of Missouri · 1962
  3. State v. MullinixSupreme Court of Missouri · 1923
  4. State v. CelmarsMissouri Court of Appeals · 1966
  5. People v. RiveraAppellate Court of Illinois · 1989

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