Legal Opinion

State v. Sharp

Supreme Court of Missouri

Decided April 15, 1891PublishedCited by 6 opinions

Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The indictment properly charges larceny from a railroad car under the provisions of section 1309, Revised Statutes, 1879. It is not necessary that the value of the property stolen should be alleged, in the indictment.

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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The indictment properly charges larceny from a railroad car under the provisions of section 1309, Revised Statutes, 1879. It is not necessary that the value of the property stolen should be alleged, in the indictment. Under this section of the statute, value is required to be alleged and proven when the kind and extent of the punishment depends on the value of the stolen article ; otherwise it is not. 2 Bish. Crim. Proc., secs. 713-718 ; 1 Bish. Crim. Proc., sec. 541; State v. Daniels, 32 Mo. 558. (2) The offense of…

1Opinion of the CourtMacfarlane, J.

Defendant was indicted in the circuit court of Montgomery county for stealing in the night-time from a railroad car standing on the track of the Wabash railroad, in Montgomery City, in said county, about seven bushels of oats, the property of James R. Hance. Under this indictment he was tried and convicted of grand larceny. There was evidence introduced by the state which tended • to prove that defendant, about eight o’clock at night, stole from a car standing on the track of the Wabash Western railroad about the alleged quantity of oats belonging to James R. Hance. It was shown that no other…

2Cases cited4 opinions

  1. State v. BallardSupreme Court of Missouri · 1891
  2. State v. SharpSupreme Court of Missouri · 1879
  3. State v. DanielsSupreme Court of Missouri · 1862
  4. State v. LawnSupreme Court of Missouri · 1883

3Cited by6 opinions

  1. State v. EnochsSupreme Court of Missouri · 1936
  2. State v. HutchinsonSupreme Court of Missouri · 1892
  3. State v. WatersSupreme Court of Missouri · 1898
  4. State v. WeberSupreme Court of Missouri · 1900
  5. State v. EnochsSupreme Court of Missouri · 1936

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