State v. Zehnder
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Row. J. G. Sheppard, Judge. (1) The indictment in this case is fatally defective, in that it fails to allege that the alleged marking of the hogs was done without the owner’s consent. The statute makes the marking, or branding of animals with intent, etc., a species of larceny. In every case of larceny the want of consent of the owner of property alleged to have been stolen is an essential element of the offense.
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Appeal from Butler Circuit Court. — Row. J. G. Sheppard, Judge. (1) The indictment in this case is fatally defective, in that it fails to allege that the alleged marking of the hogs was done without the owner’s consent. The statute makes the marking, or branding of animals with intent, etc., a species of larceny. In every case of larceny the want of consent of the owner of property alleged to have been stolen is an essential element of the offense. It is a fact which is an essential element in a prima-facie case of guilt and must be stated; nothing is to be left to intendment. All that is…
1Opinion of the CourtGantt, P. J.
On January 26, 1909', the grand jury of Butler county returned an indictment against the defendant, in two counts. The first count charged that the defendant did, on or about the first day of October, 1908, at the county of Butler, State of Missouri, in and upon the ears of two hogs, all of the *318value of thirty-five dollars, the personal property of one Andrew J. Hopkins, then and there being, feloniously place and affix his own marks, to-wit, a crop-off of each ear and a split in the right ear, with intent on the part of him, the said John Gr. A. H. Zehnder, then and there feloniously to…
2Cases cited4 opinions
- State v. GabrielSupreme Court of Missouri · 1886
- State v. RutherfordSupreme Court of Missouri · 1899
- State v. GraySupreme Court of Missouri · 1866
- State v. LittrellSupreme Court of Missouri · 1902
3Cited by2 opinions
- Duvall v. StateOhio Supreme Court · 1924
- State v. WilliamsSupreme Court of Missouri · 1911