State v. Moss
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Geo. II. Williams, Judge. . (1) The indictment is fatally defective: 1st, because it failed to allege the manner of the breaking. Conner v. State, 14 Mo. 561; State v. Henley, 30 Mo. 509; State v. Yandle, 166 Mo. 589. 2d, because it fails to allege that defendant intended to permanently deprive the owner of the use of his property without his consent.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. II. Williams, Judge. . (1) The indictment is fatally defective: 1st, because it failed to allege the manner of the breaking. Conner v. State, 14 Mo. 561; State v. Henley, 30 Mo. 509; State v. Yandle, 166 Mo. 589. 2d, because it fails to allege that defendant intended to permanently deprive the owner of the use of his property without his consent. By the instructions the jury was required to find that the goods were taken without the consent of the owner, and that the defendant intended to permanently deprive the owner of the use thereof.…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment of the circuit court of the city of St. Louis, sentencing the defendant to the penitentiary for burglary in the *438second degree for three years and for grand larceny for a term of two years. After ineffectual motions for a new trial and in arrest of judgment, the defendant has appealed to this court.
As the information is challenged, we reproduce the substance thereof, to-wit: “That Gilbert Bailey and Clarence Moss, on the twenty-first day of December, 1907, at the city of St. Louis, into a certain store, shop and building of Louis Haas there situate and being,…
2Cases cited2 opinions
- State v. PeeblesSupreme Court of Missouri · 1903
- State v. WatsonSupreme Court of Missouri · 1897
3Cited by9 opinions
- State v. ConwaySupreme Court of Missouri · 1912
- State v. TiptonSupreme Court of Missouri · 1925
- State v. TracySupreme Court of Missouri · 1922
- State v. LindersSupreme Court of Missouri · 1923
- State v. HiltonSupreme Court of Missouri · 1913
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