State v. Carroll
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The indictment charges that the defendants named assaulted T. P. Hoxey and did feloniously attempt to rob, steal, take and carry away the money and personal property of the said Hoxey, etc., with the intent then and there to deprive the owner of the use thereof and to convert the same to their own use, but wholly fails to charge an intent to deprive the owner of the use thereof without his consent, an…
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The indictment charges that the defendants named assaulted T. P. Hoxey and did feloniously attempt to rob, steal, take and carry away the money and personal property of the said Hoxey, etc., with the intent then and there to deprive the owner of the use thereof and to convert the same to their own use, but wholly fails to charge an intent to deprive the owner of the use thereof without his consent, an essential element of the crime of larceny, of which robbery is but an aggravation. The indictment therefore only charges…
1Opinion of the CourtFox, P. J.
This cause is here upon appeal by the defendants from a. judgment in the circuit court of the city of St. Louis, convicting- them of the offense of attempted robbery in the first degree. The offense upon which the judgments are predicated was thus charged in an information filed by the assistant circuit attorney:
“State of Missouri,-City of St. Louis, ss.
“Circuit Court, City of St. Louis, December Term, 1906.
“Richard M. Johnson, assistant circuit attorney, in and for the city of St. Louis aforesaid, within and for the body of the city of St. Louis, on behalf of the State of Missouri, upon his…
2Cases cited6 opinions
- State v. JonesSupreme Court of Missouri · 1902
- State v. MontgomerySupreme Court of Missouri · 1904
- State v. KelleySupreme Court of Missouri · 1907
- State v. LambSupreme Court of Missouri · 1897
- State v. HornedSupreme Court of Missouri · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. JohnstoneSupreme Court of Missouri · 1960
- State v. ReichSupreme Court of Missouri · 1922
- State v. CraftSupreme Court of Missouri · 1923
- State v. WilwordingSupreme Court of Missouri · 1965
- Rankin v. WyattSupreme Court of Missouri · 1934
8 more not listed; retrieve them via the Exa API.