Legal Opinion

State v. Myers

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 39 opinions

Appeal from Jasper Circuit Court. — PIon. M. G. McGregor, Judge. Evidence of other like attempts was admissible to show the intent with which the act was done. Wharton Grim. Ev., (8 Ed.) § 31, et seq.; 3 Greenleaf Ev., (14 Ed.) § 15. Such evidence has been admitted in like cases.

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Appeal from Jasper Circuit Court. — PIon. M. G. McGregor, Judge. Evidence of other like attempts was admissible to show the intent with which the act was done. Wharton Grim. Ev., (8 Ed.) § 31, et seq.; 3 Greenleaf Ev., (14 Ed.) § 15. Such evidence has been admitted in like cases. Comm. v. Coe., 115 Mass. 481; 1 Gen. Law Jour. 481; Comm. v. Stone, 4 Met. 43; Bainbridge v. State, 30 Ohio St. 264; Gassenheimer v. State, 52 Ala. 313. The clerk had a special property in the money. Larceny could have been committed ■of it in his hands, and so could the offense charged. 1 Wharton Grim. Law, (8 Ed.)…

1Opinion of the Court

Philips, C.

The defendant was indicted under section 1561, Revised Statutes 1879, for an attempt by trick and fraud, to .obtain from one P. K. Beard, the sum of $1, the property of said Beard. He was found guilty and sentenced to a term of two years in the penitentiary. From that judgment he prosecutes this appeal.

1. At the conclusion of the State’s evidence the defendant demurred thereto. The ground of this objection is, that the proof failed to show that said Beard was the ■owner of the money in question. ■ The evidence was, that Beard was .a clerk in the store of Miller and Graves. He was…

2Cases cited13 opinions

  1. Wood v. United StatesSupreme Court of the United States · 1842
  2. Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
  3. Bottomley v. United StatesU.S. Circuit Court for the District of Massachusetts · 1840
  4. Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1876
  5. Friend v. HamillCourt of Appeals of Maryland · 1871

8 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Wallace v. StateSupreme Court of Florida · 1899
  2. Farmer v. StateSupreme Court of Georgia · 1896
  3. State v. KingSupreme Court of Missouri · 1938
  4. People v. EbanksCalifornia Supreme Court · 1897
  5. State v. SpraySupreme Court of Missouri · 1903

34 more not listed; retrieve them via the Exa API.

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