State v. Weber
Supreme Court of Missouri
Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. The court gave the following instructions, numbered one, two and three, on the part of the State, to-wit: “1. The court instructs the jury that if you believe and find from the evidence that the defendant, at and in the county of Dent, and State of Missouri, in the month of April, 1899, did wilfully and feloniously steal, take and carry away, one bay mare, the same charged in the indictment, with the intent at the…
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Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. The court gave the following instructions, numbered one, two and three, on the part of the State, to-wit: “1. The court instructs the jury that if you believe and find from the evidence that the defendant, at and in the county of Dent, and State of Missouri, in the month of April, 1899, did wilfully and feloniously steal, take and carry away, one bay mare, the same charged in the indictment, with the intent at the time to convert the said mare permanently to his own use, and to deprive the owner permanently of the use thereof; and…
1Opinion of the Court
'SILEE'WOOD, J.
For stealing a bay mare in Dent county, the property of Lizzie Sankey, defendant was tried, convicted and his punishment assessed at two years in the penitentiary.
The evidence, including defendant’s admission that he took the mare, showed defendant’s guilt beyond question. He stole the mare in Dent county, and rode her off into Phelps county where he was seen using her, and there turned her loose; and she was recovered, a few days afterwards, in the western part of Dent county.
The instructions given on behalf of the State will accompany this opinion, and are such as are usually…
2Cases cited4 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. SmithSupreme Court of Missouri · 1883
- State v. ScottSupreme Court of Missouri · 1891
- State v. BuchlerSupreme Court of Missouri · 1890
3Cited by4 opinions
- State v. Blackmore and GodseySupreme Court of Missouri · 1931
- State v. FrankeSupreme Court of Missouri · 1901
- State v. DavisSupreme Court of Missouri · 1963
- State v. RaderSupreme Court of Missouri · 1914