State v. Nelson
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Hon. Jas. C. Normile, Judge. (1) Elizabeth F. Van Duzer, being a married woman living with her husband, could not, in law, be the owner of the dwelling-house alleged to have been broken into; the ownership of the dwelling-house should have been laid in her husband; for “a house tenanted by a married woman is, in law, the house of her husband, and in case of burglary the ownership should be laid in the husband.” 1 Wharton, Criminal Law…
Read the full summary
Appeal from St. Louis Criminal Court. — Hon. Jas. C. Normile, Judge. (1) Elizabeth F. Van Duzer, being a married woman living with her husband, could not, in law, be the owner of the dwelling-house alleged to have been broken into; the ownership of the dwelling-house should have been laid in her husband; for “a house tenanted by a married woman is, in law, the house of her husband, and in case of burglary the ownership should be laid in the husband.” 1 Wharton, Criminal Law [ 9 Ed. J sec. 800; Bogert v. Frier, 11 East. 150; Rex v. Smith, 5 Car. & P. 202; Snyder v. People, 26 Mich. 106 ; State…
1Opinion of the CourtBlack, J.
The defendant William Nelson and Joseph Sutter were jointly indicted for burglary and larceny. Sutter was acquitted, and Nelson was found guilty of both offenses.
While exceptions were taken to the instructions given by the court, no complaint was made of them in the motion for anew trial. Error in giving instructions must be made a ground for new trial in the motion filed for that purpose, and if this is not done the instructions cannot be reviewed by this court. It is not enough that exceptions are saved at the time the instruc.tions are given. The reason of the rule is, that the trial court…
2Cases cited6 opinions
- State v. SmithSupreme Court of Missouri · 1883
- State v. BarkerSupreme Court of Missouri · 1876
- State v. SneedSupreme Court of Missouri · 1887
- State v. SharpSupreme Court of Missouri · 1879
- State v. WammackSupreme Court of Missouri · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. LackeySupreme Court of Missouri · 1910
- State v. JonesSupreme Court of Missouri · 1950
- State v. Nicoletti.Supreme Court of Missouri · 1939
- State v. PriceSupreme Court of Missouri · 1951
- State v. RoswellMissouri Court of Appeals · 1910
13 more not listed; retrieve them via the Exa API.