State v. Shermer
Supreme Court of Missouri
Error to Cole Circuit Court. I.- If the defendants come into the possession of the horses lawfully (and there is no question on this point), it will not be larceny to afterwards condeive the intent to convert them to their own nse. (State vs. Conway, 18 Mo., 321; State vs. Williams, 35 Mo., 229.) ■ I. Intent is the essence of the crime of larceny, but it is not necessary that it should he found at the time of taking the property.
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Error to Cole Circuit Court. I.- If the defendants come into the possession of the horses lawfully (and there is no question on this point), it will not be larceny to afterwards condeive the intent to convert them to their own nse. (State vs. Conway, 18 Mo., 321; State vs. Williams, 35 Mo., 229.) ■ I. Intent is the essence of the crime of larceny, but it is not necessary that it should he found at the time of taking the property. It has been held by this court, that, where one comes in possession of property lawfully and afterwards conceives tbe idea of stealing, he is guilty of larceny.…
1Opinion of the CourtWagner, Judge
The defendants were tried, convicted and sentenced to the penitentiary for the crime of grand larceny. It appears from the record, that one Marshall sold and delivered to the defendants two horses, one wagon and some harness, for which they were to pay'him in work, and that they were to be considered the property of Marshall till paid for. The defendants, after they received possession of the property, did work at different times, and paid some of the purchase money, but after having had possession for several months, and, without paying the whole of the price agreed upon, they took the…
2Cases cited3 opinions
- State v. ConwaySupreme Court of Missouri · 1853
- Witt v. StateSupreme Court of Missouri · 1846
- State v. WilliamsSupreme Court of Missouri · 1864
3Cited by16 opinions
- State v. MooreSupreme Court of Missouri · 1890
- State v. RutherfordSupreme Court of Missouri · 1899
- State v. BrownSupreme Court of Missouri · 1958
- State v. WareSupreme Court of Missouri · 1876
- State v. HarmonSupreme Court of Missouri · 1891
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