State v. Koplan
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Non.. Franklin Ferris, Judge. (1) It is bad pleading to allege various articles of different kinds to be of an aggregate value. Nothing appears on the face of the indictment to show that the books, the one article proved, was of value more than thirty dollars. The testimony at the trial may show it, but it must appear by the indictment that the grand jury so found. This is horn-book law. Wharton’s Or. PL and Pr.
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Appeal from St. Louis City Circuit Court. — Non.. Franklin Ferris, Judge. (1) It is bad pleading to allege various articles of different kinds to be of an aggregate value. Nothing appears on the face of the indictment to show that the books, the one article proved, was of value more than thirty dollars. The testimony at the trial may show it, but it must appear by the indictment that the grand jury so found. This is horn-book law. Wharton’s Or. PL and Pr. (9 Ed.), sec. 206 to sec. 217, inclusive; Clark’s Crim. Proc., p. 226. (2) Dryden stole the goods of his master and Koplan bought them of…
1Opinion of the CourtBurgess, J.
Defendant was convicted in the circuit court of the city of St. Louis of grand larceny in feloniously stealing a number of larv books and his punishment fixed at two years’ imprisonment in the penitentiary, under an indictment charging him and one Louis Dryden with stealing “two dozen silver forks, two dozen silver tea spoons, four hundred law books (or more), one shotgun, three clocks, one seal sacque, one opera cloak, and one lot of bed clothing, of the aggregate value of fifteen hundred dollars, the property of one Selden P. Spencer.” He appeals.
The facts briefly stated are about as…
2Cases cited7 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- State v. HarveySupreme Court of Missouri · 1891
- State v. MurraySupreme Court of Missouri · 1895
- State v. SpragueSupreme Court of Missouri · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. GreenSupreme Court of Missouri · 1974
- State v. PopeSupreme Court of Missouri · 1936
- State v. SimonSupreme Court of Missouri · 1964
- State v. TriceSupreme Court of Missouri · 1936
- State v. BuckleySupreme Court of Missouri · 1927
1 more not listed; retrieve them via the Exa API.