Legal Opinion

State v. Crenshaw

Missouri Court of Appeals

Decided April 29, 1890PublishedCited by 12 opinions

Appeal from the Greene Criminal Court. — Hon. M. Oliver, Judge.. The information states that the property destroyed belonged to the heirs of L. A. D. Crenshaw, deceased ; and it is not necessary to say that the defendant had no interest in the same. State v. Guernsey, 9 Mo. App. 312; State v. West, 21 Mo. App. 309; Stale ex ret. v. Thayer, 15 Mo.

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Appeal from the Greene Criminal Court. — Hon. M. Oliver, Judge.. The information states that the property destroyed belonged to the heirs of L. A. D. Crenshaw, deceased ; and it is not necessary to say that the defendant had no interest in the same. State v. Guernsey, 9 Mo. App. 312; State v. West, 21 Mo. App. 309; Stale ex ret. v. Thayer, 15 Mo. App. 391-396; State v. James, 63 Mo. 570; State v. Meek, 70 Mo. 355; State' v. Burr, 81 Mo. 110. The offense attempted to be charged is purely statutory. The statute denounces the acts therein named as criminal only when they áre done to the property…

1Opinion of the CourtRombauer, P. J.

The point for decision arises upon the legal sufficiency of an information purporting to charge an offense under section 1358 of the Revised Statutes of 1879, which reads as follows:

“ Sec. 1358. Injuring dwelling houses. — Every person who shall wilfully and maliciously break, destroy or injure the door or window of any dwelling house, shop, store or other house or building, or sever therefrom, or from the gate, fence or inclosure, or any part thereof, any material of which it is formed, or sever from the freehold any produce or thing attached thereto, or pull down, injure or destroy any…

2Cases cited4 opinions

  1. State v. MeekSupreme Court of Missouri · 1879
  2. State v. O'BrienSupreme Court of Missouri · 1881
  3. State v. CoxSupreme Court of Missouri · 1862
  4. State v. SuttonSupreme Court of Missouri · 1857

3Cited by12 opinions

  1. Vaughn v. MayMissouri Court of Appeals · 1925
  2. State v. RenkardMissouri Court of Appeals · 1910
  3. State v. SparrowMissouri Court of Appeals · 1893
  4. State v. RaymondMissouri Court of Appeals · 1893
  5. Village of Koshkonong v. BoakMissouri Court of Appeals · 1913

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