State v. Babb
Supreme Court of Missouri
Appeal from Greene Circuit Court.—Hon. W. E. Geiger, Judge. . William 0. Babb was indicted for burglary in the second degree and larceny.
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Appeal from Greene Circuit Court.—Hon. W. E. Geiger, Judge. . William 0. Babb was indicted for burglary in the second degree and larceny. The charge was for breaking into the store of J. Bymaster, in Greene county, on the 30th day of October, 1879, by forcibly removing a plank which covered a broken pane of glass, and in which store, it was averred, there were deposited and kept for sale, divers goods, wares and merchandise, and other valuable property of said John Bymaster, with intent to steal the goods, etc., thus kept in said store, and also that he did then and there feloniously and…
1Opinion of the Court
I
Sherwood, J.
As it does not appear from the record that any venue was proven, the judgment will not be allowed to stand. State v. McGinniss, 74 Mo. 245; State v. Burgess, 75 Mo. 541.
II
The first instruction given on behalf of the State is faulty in two particulars: in telling the jury that defendant could be found guilty of larceny if he “ feloniously took, etc., any of the goods, wares and merchandise then in said store.” The defendant was only punishable on that trial, on account of such goods, etc., as were charged in the indictment and proven to have been stolen. State v. McGraw, 74 Mo.…
2Cases cited8 opinions
- State v. BrewsterSupreme Court of Vermont · 1835
- Commonwealth v. CunninghamMassachusetts Supreme Judicial Court · 1870
- State v. KellySupreme Court of Missouri · 1881
- State v. McGrawSupreme Court of Missouri · 1881
- State v. WilliamsSupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. HopkirkSupreme Court of Missouri · 1884
- People v. FrahmCalifornia Court of Appeal · 1930
- State v. JamesSupreme Court of Missouri · 1906
- State v. FrankeSupreme Court of Missouri · 1901
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