State v. Hammons
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — Eon. John T. Moore, Judge. Ownership of the property on a charge of burglary and larceny must be alleged and proved. In this case the information charged the ownership to be in. the estate of J. W. Johnson, deceased.
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Appeal from Douglas Circuit Court. — Eon. John T. Moore, Judge. Ownership of the property on a charge of burglary and larceny must be alleged and proved. In this case the information charged the ownership to be in. the estate of J. W. Johnson, deceased. That ownership cannot be charged in this way seems too clear to admit of argument, and while we have not been able to find a case decided by this court where ownership had been laid as in this one, we have found many cases where we think the doctrine is clearly announced that this information is- bad and should have been quashed or the…
1Opinion of the CourtGantt, P. J.
On the 25th of September, 1908, the prosecuting attorney of Douglas county, began this prosecution by information, charging the defendant with burglary and larceny in having broken into, in the nighttime, and stolen from the storehouse belonging to the estate of J. W. Johnson, deceased, located in the town of Gardner, in Douglas county, on the night of the 10th of August, 1908, about ten dollars lawful money of the United States belonging to the postoffice at Gardner, and between five and ten dollars in money and some other personal property belonging to the estate of J. "W. Johnson,…
2Cases cited10 opinions
- State v. ScottSupreme Court of Missouri · 1891
- State v. DrewSupreme Court of Missouri · 1904
- State v. WarfordSupreme Court of Missouri · 1891
- State v. CastorSupreme Court of Missouri · 1887
- State v. JonesSupreme Court of Missouri · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. CantrellSupreme Court of Missouri · 1966
- Burnes v. StateSupreme Court of Florida · 1925
- State v. CareySupreme Court of Missouri · 1927
- State v. LundrySupreme Court of Missouri · 1950
- Cooksey v. StateMississippi Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.