State v. Griffin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John W. Calhoun, Judge. (1) Instruction 3 is erroneous because there is no evidence whatever of intent in this case, and the intent is not to be presumed, but must be proved like any other issue in the case. (2) The verdict of the jury in this case is insufficient to support the conviction because it is a special verdict and fails to find all of the elements of the alleged crime, and is not responsive to the information.
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Appeal from St. Louis City Circuit Court. — Hon. John W. Calhoun, Judge. (1) Instruction 3 is erroneous because there is no evidence whatever of intent in this case, and the intent is not to be presumed, but must be proved like any other issue in the case. (2) The verdict of the jury in this case is insufficient to support the conviction because it is a special verdict and fails to find all of the elements of the alleged crime, and is not responsive to the information. (a) It fails to find whether the defendant removed or concealed a Ford touring car, hut finds him guilty of concealing…
1Opinion of the CourtWilliams, P. J.
In the Circuit Court of the City of St. Louis, defendant was tried and convicted of the crime of removing’ and concealing personal property covered by chattel mortgage. The punishment was fixed at six months’ imprisonment in the city jail, and defendant has duly perfected an appeal.
The evidence upon the part of the State may be summarized as follows:
In May, 1916, the Weber Motor Car Company, a corporation located, at 2217 Locust St., St. Louis, Mo., sold to the defendant for the sum of $300, one secondhand Ford automobile. Defendant paid $125 in cash and gave his notes for the balance,…
2Cases cited3 opinions
- State v. BishopSupreme Court of Missouri · 1910
- State v. ModlinSupreme Court of Missouri · 1906
- State v. ElseySupreme Court of Missouri · 1907
3Cited by6 opinions
- State v. SausseleSupreme Court of Missouri · 1954
- State v. PattonSupreme Court of Missouri · 1958
- State v. JordanSupreme Court of Missouri · 1920
- State v. RosegrantSupreme Court of Missouri · 1936
- State v. MitnickSupreme Court of Missouri · 1936
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