State v. Sprague
Supreme Court of Missouri
Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) The court erred in giving instruction number 1 for the State, (a) It tells the jury that defendant could be found guilty of larceny if he stole “any goods, wares and merchandise” from said building while he was only punishable for stealing such as were charged in the indictment and proven to have stolen therefrom.
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Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) The court erred in giving instruction number 1 for the State, (a) It tells the jury that defendant could be found guilty of larceny if he stole “any goods, wares and merchandise” from said building while he was only punishable for stealing such as were charged in the indictment and proven to have stolen therefrom. State v. Babb, 76 Mo. 503; State v. McGraw, 74 Mo. 574; State v. Taylor, 111 Mo. 541. (b) Nor does the giving of instruction number 7 on part of defendant cure the error in number 1 for the State. In number 7 the jury…
1Opinion of the CourtSherwood, J.
Defendant was awarded three years in the penitentiary as and for punishment of larceny of' goods, wares and merchandise of the Dent County Mercantile Company.
The indictment so far as necessary to quote is the following:
“Upon their oaths do present and charge, that Wesley Sprague and Jack Sprague on the -day of April, 1898,. at and in Dent county and State of Missouri, did then and *415there unlawfully, feloniously and burglariously break into and enter the storehouse of the firm of the Dent County Mercantile Company (a corporation duly incorporated under the laws of the State of Missouri, there…
2Cases cited11 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. Chyo ChiagkSupreme Court of Missouri · 1887
- State v. JacksonSupreme Court of Missouri · 1891
- State v. BarkerSupreme Court of Missouri · 1876
- State v. MillerSupreme Court of Missouri · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. KennedySupreme Court of Missouri · 1900
- State v. EnochsSupreme Court of Missouri · 1936
- State v. FredSupreme Court of Missouri · 1899
- State v. KoplanSupreme Court of Missouri · 1902
- State v. BurksSupreme Court of Missouri · 1972
4 more not listed; retrieve them via the Exa API.