State v. Littrell
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Ho». J. P. Butler, Judge. The court erred in giving instruction numbered one on behalf of the State, because said instruction does not contain the elements constituting the crime of grand larceny. An instruction which does not require the jury to find that the goods were taken and carried away with fraudulent and felonious intent, omits an essential element of larceny.
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Appeal from Chariton Circuit Court. — Ho». J. P. Butler, Judge. The court erred in giving instruction numbered one on behalf of the State, because said instruction does not contain the elements constituting the crime of grand larceny. An instruction which does not require the jury to find that the goods were taken and carried away with fraudulent and felonious intent, omits an essential element of larceny. Hitt v. State, 9 Mo. 663; State v. Moore, 101 Mo'. 3.16; State v. Campbell, 108 Mo. 611 j State v. Lackland, 136 Mo. 26; State v. Rutherford, .152 Mo. 124; State v. Cunningham, 154 Mo. 161;…
1Opinion of the CourtBurgess, J.
At the February term, 1902, of the circuit court of Chariton county, defendants were convicted of grand larceny and their punishment fixed at two years imprisonment, respectively, in the penitentiary, under an information theretofore filed by the prosecuting attorney of said county in the office of the clerk of the circuit court charging them with having on December 10,1901, at said county, unlawfully and felon-iously stolen thirty-five dollars of lawful money of the value of thirty-five dollars, and two pairs of spectacles of the value of one dollar per pair, and one pocketknife of the value…
2Cases cited6 opinions
- State v. MooreSupreme Court of Missouri · 1890
- State v. RutherfordSupreme Court of Missouri · 1899
- State v. WareSupreme Court of Missouri · 1876
- State v. LacklandSupreme Court of Missouri · 1896
- State v. GraySupreme Court of Missouri · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. RichmondSupreme Court of Missouri · 1910
- State v. WeathermanSupreme Court of Missouri · 1907
- State v. WallerSupreme Court of Missouri · 1903
- State v. ZehnderSupreme Court of Missouri · 1910
- State v. RheaMissouri Court of Appeals · 1912