State v. Court
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon, Daniel D. Fisher, Judge. (1) There was no affirmative evidence to prove a larceny. State v. Keeland, 90 Mo. 337. The prosecution must establish each of the essential elements of the crime. To constitute a larceny there must be a trespass. State v. Stone, 68 Mo. 101. Larceny cannot be committed, generally speaking, unless the- taking is against the will of the owner.
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Appeal from St. Louis City Circuit Court. — Hon, Daniel D. Fisher, Judge. (1) There was no affirmative evidence to prove a larceny. State v. Keeland, 90 Mo. 337. The prosecution must establish each of the essential elements of the crime. To constitute a larceny there must be a trespass. State v. Stone, 68 Mo. 101. Larceny cannot be committed, generally speaking, unless the- taking is against the will of the owner. State v. Miller, 174 Mo. 518; State v. Storts, 138 Mo. 127. Possession of another’s property is not in any way evidence that the possessor stole it, where there is no independent…
1Opinion of the CourtGantt, P. J.
This is a prosecution by information for the larceny of one gentleman’s open-face gold watch, the property of Edward Green, of the value *612of seventy-five dollars, at the city of St. Louis, on October 20, 1907.
There was also an allegation in the information of a previous conviction of the defendant of attempted robbery in the first degree, and of a lawful compliance with the said sentence.
The testimony tended to show that the prosecuting witness, Oreen, was a fireman on the Frisco Railroad, and at times acted as engineer during the summer and fall of 1907; that on Sunday afternoon, October 20,…
2Cases cited4 opinions
- State v. KellySupreme Court of Missouri · 1881
- State v. MaggardSupreme Court of Missouri · 1901
- State v. WalkerSupreme Court of Missouri · 1906
- State v. WrightSupreme Court of Missouri · 1906
3Cited by17 opinions
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- State v. BrinkleySupreme Court of Missouri · 1945
- State v. DixsonMontana Supreme Court · 1927
- State v. CookSupreme Court of Missouri · 1971
- State v. HandsSupreme Court of Missouri · 1953
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