State v. Crow
Missouri Court of Appeals
Appeal from the Clark Circuit Court. — Hon. Ben. E. Turner, Judge. There is a fatal variance between the allegation of the ownership of the property in the information and the proof. The ownership must be proved as laid. State v. Horn, 93 Mo. 190; State v. Fay, 65 Mo. 490. The court failed to instruct on the whole case, which is fatal. State v. Banks, 73 Mo. 568; State v. Palmer, 88 Mo. 592; State v. Biley, 100 Mo. 494. There was a complete failure of proof.
Read the full summary
Appeal from the Clark Circuit Court. — Hon. Ben. E. Turner, Judge. There is a fatal variance between the allegation of the ownership of the property in the information and the proof. The ownership must be proved as laid. State v. Horn, 93 Mo. 190; State v. Fay, 65 Mo. 490. The court failed to instruct on the whole case, which is fatal. State v. Banks, 73 Mo. 568; State v. Palmer, 88 Mo. 592; State v. Biley, 100 Mo. 494. There was a complete failure of proof. State v. Ballard, 104 Mo. 634. The court compelled the prosecutor to elect as to which of the logs alleged to have been stolen he would…
1Opinion of the CourtBiggs, J.
— The defendant was prosecuted under an information before a justice of the peace charging him with petit larceny. The information was signed by the prosecuting attorney, who professed to act on affidavits made by John W. Harrison and Charles Davidson. The defendant was charged in the information with stealing one burr-oak log fifteen feet long, two burr-oak logs eight feet long, one red-elm log sixteen feet long, one burr-oak log fourteen feet long, and one burr-oak log twenty-six feet long; all of the value of $10, and the property of John W. Harrison and Charles Davidson..
The defendant was…
2Cases cited1 opinion
- State v. NelsonSupreme Court of Missouri · 1890
3Cited by1 opinion
- State v. RoswellMissouri Court of Appeals · 1910