State v. Honig
Missouri Court of Appeals
Appeal from the St. Louis Criminal Court, .Laugh-LIN, J. The court should have instructed for an accqui.ttal, (1) because the proof shows that the property in question was stolen from Thomas B. Hale, while the indictment charges that it was stolen from a person other than Thomas B. Hale. — The State v. Rea/cey, 62 Mo. 40; The State v. Shoemaker, 7 Mo. 178 ; The State v. Fnglish, 67 Mo. 136 ; The Stale v. Fay, 65 Mo. 490 ; The State v. Fisher, 58 Mo. 258 ; The State v. Hayes,…
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Appeal from the St. Louis Criminal Court, .Laugh-LIN, J. The court should have instructed for an accqui.ttal, (1) because the proof shows that the property in question was stolen from Thomas B. Hale, while the indictment charges that it was stolen from a person other than Thomas B. Hale. — The State v. Rea/cey, 62 Mo. 40; The State v. Shoemaker, 7 Mo. 178 ; The State v. Fnglish, 67 Mo. 136 ; The Stale v. Fay, 65 Mo. 490 ; The State v. Fisher, 58 Mo. 258 ; The State v. Hayes, 36 Mo. 80. (2) Because of the absolute variance between the allegations in the indictment and the proof, in this: that…
1Opinion of the CourtHayden, J.
The defendant was convicted in the court below of receiving stolen property, knowing it to have been stolen. In October, 1877, one Hale went to the defendant’s stable, in *299St. Louis, to buy a wagon. A man by the name of Baker there met Hale and told him that he (Baker) had been trying all day to buy a span of horses from one Zumbunsen, said to be a Dutchman, who was standing near the defendant’s- place of business. In the presence of defendant, Baker told Hale that he (Baker) would give Hale $10 if Hale would buy these horses, which were there, for Baker. The horses were supposed* to belong to…
2Cases cited2 opinions
- State v. Smith'Supreme Court of Missouri · 1865
- Conner v. StateSupreme Court of Georgia · 1858
3Cited by5 opinions
- State v. HonigSupreme Court of Missouri · 1883
- State v. GoffsteinSupreme Court of Missouri · 1938
- State v. PenningtonMissouri Court of Appeals · 1965
- People v. RomanelliAppellate Division of the Supreme Court of the State of New York · 1921
- State v. MyersMissouri Court of Appeals · 2012