Legal Opinion

State v. Scott

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 31 opinions

Appeal from Cooper Circidt Coivrt. — Hon. E. L. Edwards, Judge. (1) No exceptions were saved to the admission or rejection of testimony. (2) The instructions properly declared the law, and the conviction was proper, for if there was a larceny committed at all it was a larceny in a dwelling-house, and grand larceny, irrespective oí the value of the property stolen.

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Appeal from Cooper Circidt Coivrt. — Hon. E. L. Edwards, Judge. (1) No exceptions were saved to the admission or rejection of testimony. (2) The instructions properly declared the law, and the conviction was proper, for if there was a larceny committed at all it was a larceny in a dwelling-house, and grand larceny, irrespective oí the value of the property stolen. R. S. 1889, see. 3537; State v. Bamelsburg, 30 Mo. 26; State v. Butter-field, 75 Mo. 297; State v. Brown, 75 Mo. 317; State v. Kennedy, 88 Mo. 341. (3) There is nothing to show that the juror, J. D. McCutcheon, was incapacitated, by…

1Opinion of the CourtMacfarlane, J.

Defendant was indicted by a grand jury of Cooper county of burglary and larceny. Under the indictment he was tried and convicted of .grand larceny and sentenced to four years7 imprisonment in the state penitentiary. From this judgment he has appealed.

Defendant was accused, under the indictment, of breaking into the dwelling-house of one Henry McPherson, by opening a window, and stealing therefrom an overcoat worth $50, and a suit of clothes worth $40, the property of Chas. T. Perry; and one suit of clothes of the value of $25, the property of Celsus Perry.

Upon the trial the evidence tended to…

2Cases cited3 opinions

  1. State v. WarfordSupreme Court of Missouri · 1891
  2. State v. ButterfieldSupreme Court of Missouri · 1882
  3. State v. RamelsburgSupreme Court of Missouri · 1860

3Cited by31 opinions

  1. State v. CantlinSupreme Court of Missouri · 1893
  2. State v. SpraySupreme Court of Missouri · 1903
  3. Grantello v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  4. State v. DavidSupreme Court of Missouri · 1895
  5. Hartpence v. RogersSupreme Court of Missouri · 1898

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