State v. Thompson
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Hon. W. W. Rtjoker, Judge. (1) The demurrer to the evidence as to the charge of grand larceny should have been sustained. The motion for a new trial should also have been sustained, and the defendant discharged.
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Appeal from Sullivan Circuit Court. — Hon. W. W. Rtjoker, Judge. (1) The demurrer to the evidence as to the charge of grand larceny should have been sustained. The motion for a new trial should also have been sustained, and the defendant discharged. (2) The court should have instructed the jury that if they believed the defendant did not break into the store, but did steal the goods, then they could only convict him of larceny; and in the event they believed the goods taken to be less than $30 in value, then they should find him guilty of petit larceny. State v. Palmer, 88 Mo. 568. (3) It was…
1Opinion of the CourtSherwood, J.
Indicted for burglary and larceny, defendant went acquit of the former crime, but was found guilty of grand larceny and his punishment assessed at two years in the penitentiary. That portion of the indictment pertinent to the present investigation is the following: “And certain of the said goods, wares, and merchandise, in said store building, then and there so kept and deposited, being found, to wit, eighteen rings, a large number of handkerchiefs, to wit, four silk handkerchiefs, and divers other articles of merchandise, the exact kinds, quality, number, and description can not here be…
2Cases cited1 opinion
- State v. StoweSupreme Court of Missouri · 1896
3Cited by6 opinions
- State v. EnochsSupreme Court of Missouri · 1936
- State v. StewartSupreme Court of Missouri · 1931
- State v. O'ConnellSupreme Court of Missouri · 1898
- City of Poplar Bluff v. MeadowsMissouri Court of Appeals · 1915
- Enson v. StateSupreme Court of Florida · 1909
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