State v. Winer
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Ho». Charles B. Faris, Judge. (1) The record makes a case of total want of proof as to corporate existence of the alleged bailee. The jury should have been instructed to acquit, as prayed by appellant. The information alleged that the goods bought and received by appellant were the property “of St. Louis Southwestern Railway Company, a corporation, as bailee.”
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Appeal from Scott Circuit Court. — Ho». Charles B. Faris, Judge. (1) The record makes a case of total want of proof as to corporate existence of the alleged bailee. The jury should have been instructed to acquit, as prayed by appellant. The information alleged that the goods bought and received by appellant were the property “of St. Louis Southwestern Railway Company, a corporation, as bailee.” There was no evidence either that the goods were stolen; that ‘! St. Louis Southwestern Railway Company” was a corporation, or that the goods were even in its possession, or that it had any interest in…
1Opinion of the CourtWalker, P. J.
The appellant was charged in an information filed by the prosecuting attorney of Scott county with having received stolen property in violation of section 4554, Revised Statutes 1909. Upon a trial before a jury he was convicted and his punishment assessed at two years’ imprisonment in the penitentiary. From this sentence he appealed to this court, and secured a stay of execution pending the determination of the case here, by giving a bail bond as required by the trial court.
The Attorney-General admits that there was no proof of the incorporation of the railroad from which the goods were'…
2Cases cited1 opinion
- State v. Smith'Supreme Court of Missouri · 1865
3Cited by4 opinions
- State v. PattonSupreme Court of Missouri · 1958
- State v. CareySupreme Court of Missouri · 1927
- State v. DuddrearSupreme Court of Missouri · 1925
- State v. BrownSupreme Court of Missouri · 1927