Legal Opinion

State v. Dudley

Supreme Court of Missouri

Decided July 5, 1912PublishedCited by 5 opinions

Appeal from Dunklin Circuit Court. — Hon. W. S. C. Walker, Judge. (1) The information is bad for the reason that it charges defendant with wrongfully taking a buggy ánd also set of harness, distinct and separate articles, without stating the value of each, but states the collective value. State v. Koplan, 167 Mo. 298; State v. Ravencraft, 62 Mo. App. 109. (2) The court erred in refusing to excuse the juror, who had talked with the prosecuting witness.

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Appeal from Dunklin Circuit Court. — Hon. W. S. C. Walker, Judge. (1) The information is bad for the reason that it charges defendant with wrongfully taking a buggy ánd also set of harness, distinct and separate articles, without stating the value of each, but states the collective value. State v. Koplan, 167 Mo. 298; State v. Ravencraft, 62 Mo. App. 109. (2) The court erred in refusing to excuse the juror, who had talked with the prosecuting witness. State v. Tomasitz, 144 Mo. 86. (3) The court erred.in permitting the prosecuting attorney, in his opening statement to the jury, to state that…

1Opinion of the Court

ROT, C.

— Defendant was convicted of grand, larceny in the circuit court of Dunklin county, and sentenced to two years in the penitentiary, and has appealed.

The information charged him with the larceny of “one buggy and one set of leather harness, both of the value of one hundred dollars,” on October 8, 1910. Pie was living on a farm near Senath, in Dunklin county. His father lived near Manila, Arkansas, about sixteen miles south of Senath.

The defendant had purchased eighty acres of unimproved land covered with timber and brush near his father’s, and had cleared away a place to build a house.…

2Cases cited3 opinions

  1. State v. MaupinSupreme Court of Missouri · 1906
  2. State v. KoplanSupreme Court of Missouri · 1902
  3. State v. O'ConnellSupreme Court of Missouri · 1898

3Cited by5 opinions

  1. State v. DouglasSupreme Court of Missouri · 1914
  2. State v. MartinSupreme Court of Missouri · 1948
  3. Moore v. StateCourt of Criminal Appeals of Oklahoma · 1952
  4. State v. WaltonSupreme Court of Missouri · 1990
  5. State v. WaltonSupreme Court of Missouri · 1990

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