State v. Hutchinson
Supreme Court of Missouri
Appeal from Butler Circuit Cou/rt. — Hon. John Gk ‘Wear, Judge. (1) The indictment in this cause is defective in that it fails to allege that the offense was committed at any certain time. 1 Bishop on Criminal Procedure, secs. 386, 406; 2 IBishop on Criminal Procedure, secs. 387, 131, 134. (2) There is no evidence in this record to sustain the charge of either burglary or larceny. And the court should have so told the jury. First.
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Appeal from Butler Circuit Cou/rt. — Hon. John Gk ‘Wear, Judge. (1) The indictment in this cause is defective in that it fails to allege that the offense was committed at any certain time. 1 Bishop on Criminal Procedure, secs. 386, 406; 2 IBishop on Criminal Procedure, secs. 387, 131, 134. (2) There is no evidence in this record to sustain the charge of either burglary or larceny. And the court should have so told the jury. First. There is no proof that the building alleged to have been entered was a dwelling-house, or any part of a dwelling-house. 1 Bishop on Criminal Law [2 Ed.] secs. 167,…
1Opinion of the CourtMacfarlane, J.
Defendant was convicted in the circuit court of Butler county of both burglary and grand larceny. The charges for both of these offenses were contained in one indictment. He was sentenced to ten years for burglary and two years for larceny, in accordance with the verdict of a jury, and appealed to this court.
Defendant was charged in the indictment with breaking into and entering the dwelling-house of Theodore Vandover, in which there was at the time a human being, on or about the fifteenth day of June, 1890, by unlocking an outer door of said dwelling-house, by means of a false key, with…
2Cases cited8 opinions
- State v. PrattSupreme Court of Missouri · 1889
- State v. KelsoeSupreme Court of Missouri · 1882
- State v. MartinSupreme Court of Missouri · 1882
- State v. OwensSupreme Court of Missouri · 1883
- State v. HecoxSupreme Court of Missouri · 1884
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3Cited by14 opinions
- State v. LackeySupreme Court of Missouri · 1910
- State v. EnochsSupreme Court of Missouri · 1936
- Simpson v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. EwingSupreme Court of Missouri · 1957
- People v. WileyAppellate Court of Illinois · 1988
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