State v. Rader
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. David H. Harris, Judge. (1) The State’s instruction number 1 is erroneous, because: (a) It omits the all important part of the definition of larceny, to-wit the words “with a felonious intent.” In case where the defendant was tried for stealing a steer, these words were termed “the chief ingredient of grand larceny,” and a conviction was set aside on account of the failure to use said words in the State’s instruction.
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Appeal from Boone Circuit Court. — Hon. David H. Harris, Judge. (1) The State’s instruction number 1 is erroneous, because: (a) It omits the all important part of the definition of larceny, to-wit the words “with a felonious intent.” In case where the defendant was tried for stealing a steer, these words were termed “the chief ingredient of grand larceny,” and a conviction was set aside on account of the failure to use said words in the State’s instruction. State v. Weatherman, 202 Mo. 9. In another larceny case, it was said that “the felonious intent is the material ingredient of the…
1Opinion of the CourtFaris, J.
From a conviction-in the circuit court of Boone county of the crime of grand larceny and a sentence therefor to imprisonment in the penitentiary *123for a term of two years, defendant, pursuant to the usual procedure, has appealed.
The facts presented by this record and upon which this conviction is sought to be sustained, are unique. The defendant at the time of the commission of the larceny alleged was, and for some days prior thereto had been confined, in the calaboose of the town of Centralia upon the charge that he had illegally sold intoxicating liquor; so that his alibi was perfect, so far…
2Cases cited26 opinions
- State v. ScottSupreme Court of Missouri · 1891
- State v. MooreSupreme Court of Missouri · 1890
- State v. SperitusSupreme Court of Missouri · 1905
- State v. RutherfordSupreme Court of Missouri · 1899
- Brandon v. CarterSupreme Court of Missouri · 1894
21 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. TiptonSupreme Court of Missouri · 1925
- State v. JonesSupreme Court of Missouri · 1963
- State v. BakerSupreme Court of Missouri · 1915
- State v. BurgessSupreme Court of Missouri · 1916
- State v. CarollaSupreme Court of Missouri · 1926
5 more not listed; retrieve them via the Exa API.