State v. Daniels
Supreme Court of Missouri
Appeal from Greene Circuit Court. I. The court committed no error in overruling defendant’s motion to quash. The indictment is not bad for duplicity, since the stealing of several articles of property at the same time and place constitutes but one offence. (Lorton v. The State, 7 Mo. 55.) II. It is not necessary, where horses are the subject of larceny, to allege any value, since to steal a horse of any value is grand larceny.
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Appeal from Greene Circuit Court. I. The court committed no error in overruling defendant’s motion to quash. The indictment is not bad for duplicity, since the stealing of several articles of property at the same time and place constitutes but one offence. (Lorton v. The State, 7 Mo. 55.) II. It is not necessary, where horses are the subject of larceny, to allege any value, since to steal a horse of any value is grand larceny. (1 E. C. 1855, p. 575, § 25.) The indictment is therefore sufficient. III. The court did not err in giving the instructions asked for on the part of the State, nor in…
1Opinion of the CourtBat, Judge
The defendant was indicted in the Greene Circuit Court for feloniously stealing, taking and carrying away one mare and one gelding, the property .of one Bichard W. Bragg. ■ A motion was made to quash the indictment, which being overruled, the defendant was tried, and the jury found him guilty and assessed his punishment at ten years in the penitentiary. The case is brought here by appeal. It is contended by the defendant that the indictment is defective in this: that it charges the defendant with having stolen a mare and gelding, and omits to state the value of the property alleged to have…
2Cases cited1 opinion
- Lorton v. StateSupreme Court of Missouri · 1841
3Cited by10 opinions
- United States v. ScottU.S. Circuit Court for the District of Kentucky · 1895
- McClain v. StateSupreme Court of Missouri · 1970
- State v. CitiusSupreme Court of Missouri · 1932
- State v. Mangiaracina.Supreme Court of Missouri · 1939
- Frazier v. TurnerWisconsin Supreme Court · 1890
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