State v. McCaffery
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Geo. H. Shields, Judge. There can he no conviction for an attempt to commit an offense upon proof which shows that, if anything, the completed offense was committed.
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Appeal from St. Louis City Circuit Court. — Eon. Geo. H. Shields, Judge. There can he no conviction for an attempt to commit an offense upon proof which shows that, if anything, the completed offense was committed. State v. Scott, 172 Mo. 536; State v. Bell, 194 Mo. 266; State v. Harris, 199 Mo. 716; State v. Clark, 221 Mo. 391. Under the evidence, either the defendant rwas guilty of the completed offense of arson or he was not guilty of any offense under the decisions above cited and see. 2361, Revised Statutes 1899'. The evidence in the case is largely circumstantial, and tends to establish…
1Opinion of the CourtBurgess, J.
The defendant and one Alvin J. Ross, by an information filed by the assistant circuit attorney of the pity of -St. Louis, were jointly charged with the crime of arson in the first degree. When the cause came on for hearing a severance was granted, and, after arraignment and plea of not guilty, defendant was tried and found guilty of attempt to commit arson in the first degree, and his punishment assessed at two years inn the penitentiary. After unavailing motions for new trial and in arrest of judgment, the defendant was sentenced pursuant to the verdict, whereupon he appealed.
The testimony…
2Cases cited4 opinions
- State v. ScottSupreme Court of Missouri · 1903
- State v. BellSupreme Court of Missouri · 1906
- State v. HarrisSupreme Court of Missouri · 1906
- State v. ClarkSupreme Court of Missouri · 1909
3Cited by6 opinions
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. BobbittSupreme Court of Missouri · 1910
- State v. MyerSupreme Court of Missouri · 1914
- State v. PurvisMissouri Court of Appeals · 1975
- State v. ShawSupreme Court of Kansas · 1921
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