State v. Roswell
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction.— Hon. Benjamin J. Klene, Judge. (1) The court erred in not discharging appellants at the conclusion of the state’s case. The evidence is circumstantial and inconclusive both as to the corpus delicti — the loss of the property by means of a larceny and the agency of appellants therein.
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Appeal from St. Louis Court of Criminal Correction.— Hon. Benjamin J. Klene, Judge. (1) The court erred in not discharging appellants at the conclusion of the state’s case. The evidence is circumstantial and inconclusive both as to the corpus delicti — the loss of the property by means of a larceny and the agency of appellants therein. State v. Johnson, 209 Mo. 357; State v. Francis, 199 Mo. 671; 1 Bishop’s Criminal Procedure (2 Ed.), secs. 1050-71; Eice on Evidence, secs. 292-293, 342-356. (2) It is manifest that if the prosecuting witness lost the property in the manner the state contends…
1Opinion of the CourtNortoni, J.
Defendant was convicted of the offense of petit larceny and from that judgment prosecutes an appeal.
One, David Sorrells,- from whom the money is alleged to have been stolen and in whom the property right is laid, gave testimony for the state as follows: Sorrells said he lived at the Buckingham Annex and upon leaving there about seven o’clock on the morning of July l'6th, he had a ten dollar bill in his pocketbook, which pocketbook he carried in his hip pocket. On arriving at Eighteenth street about seven-thirty, he left the Laclede car, on v^hich he was riding, with the purpose to transfer on…
2Cases cited5 opinions
- State v. MooreSupreme Court of Missouri · 1890
- State v. NelsonSupreme Court of Missouri · 1890
- State v. JamesMissouri Court of Appeals · 1908
- State v. ShelleySupreme Court of Missouri · 1902
- State v. CrowMissouri Court of Appeals · 1893
3Cited by9 opinions
- State v. VernorMissouri Court of Appeals · 1975
- State v. ClineSupreme Court of Missouri · 1970
- State v. KennedySupreme Court of Missouri · 1965
- State v. StarrSupreme Court of Missouri · 1912
- State v. PulisMissouri Court of Appeals · 1979
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