Hall v. Adkins
Supreme Court of Missouri
Appeal from Andrew Circuit Court. I. The intent with which property is taken is always a question for the jury. (Thatch. Crim. Cas., 480, 484 ; State vs. Williams, 35 Mo., 229.) In this case whether the removal of the corn by respondent was a trespass or larceny, depends on the circumstances of the taking and intent with which it was done, and certainly from the evidence in this case, was a question for the jury to pass on. II.
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Appeal from Andrew Circuit Court. I. The intent with which property is taken is always a question for the jury. (Thatch. Crim. Cas., 480, 484 ; State vs. Williams, 35 Mo., 229.) In this case whether the removal of the corn by respondent was a trespass or larceny, depends on the circumstances of the taking and intent with which it was done, and certainly from the evidence in this case, was a question for the jury to pass on. II. The appellant admits the speaking of the words as charged, but denies their falsity or malice, and pleads the facts, circumstances and occasion under which the words…
1Opinion of the CourtHough, Judge
This was an action for slander. The defamatory words charged to have been spoken by the defendant of the plaintiff, were: “ He is stealing my corn ; Aaron Hall, (plaintiff meaning) stole my corn and is swindling me, and the neighbors are helping him do it.”
The defendant admitted in his answer the speaking of the words charged; denied that the same were maliciously spoken ; and pleaded in justification the truth of the words spoken, and in mitigation of damages, the facts and circumstances relied upon to constitute said stealing, and a reference by him to such facts and circumstances at the…
2Cases cited2 opinions
- Rollins v. ClaybrookSupreme Court of Missouri · 1856
- Palmer v. PeopleNew York Supreme Court · 1833
3Cited by19 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Callahan v. IngramSupreme Court of Missouri · 1894
- Brown v. George Knapp & Co.Supreme Court of Missouri · 1908
- Robertson v. EdelsteinWisconsin Supreme Court · 1899
- Trimble v. FosterSupreme Court of Missouri · 1885
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