State v. Drew
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Horn. Jno. P. Butler, Judge. (1) Constructive possession of the piece of goods is not sufficient to hold defendant to a criminal liability, nor can he he required to account, for its presence in his house until he' is shown to have had actual knowledge of its presence there.
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Appeal from Chariton Circuit Court. — Horn. Jno. P. Butler, Judge. (1) Constructive possession of the piece of goods is not sufficient to hold defendant to a criminal liability, nor can he he required to account, for its presence in his house until he' is shown to have had actual knowledge of its presence there. State v. Castor, 93 Mo. 242. (2) Instruction 5 assumes as a fact that the State had proven conversations of defendant after the alleged offense had been committed, thus taking from'the jury the right to pass upon that matter as a fact in the case. It is open to the further objection…
1Opinion of the CourtGantt, P. J.
— The defendant and one Frank Gamble were charged in an information filed by the prosecuting attorney of Chariton county with burglary and larceny of the store of 'Joseph Miles in the town of Dalton in said county on the nineteenth of May, 1901. A severance was granted and the defendant duly arraigned at the September term, 1901. At the February term, 1903, defendant was put upon his second trial for this offense, and convicted of both the burglary and larceny and sentenced to the penitentiary for a term of five years. His motions for new trial and in arrest of judgment were overruled and…
2Cases cited6 opinions
- State v. ScottSupreme Court of Missouri · 1891
- State v. WarfordSupreme Court of Missouri · 1891
- State v. CastorSupreme Court of Missouri · 1887
- People v. HurleyCalifornia Supreme Court · 1882
- State v. Ma FooSupreme Court of Missouri · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. WatsonSupreme Court of Missouri · 1961
- State v. SullivanIdaho Supreme Court · 1921
- State v. DenisonSupreme Court of Missouri · 1944
- McAdams v. StateIndiana Supreme Court · 1948
- Grantello v. United StatesCourt of Appeals for the Eighth Circuit · 1924
24 more not listed; retrieve them via the Exa API.