State v. Lamb
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The indictment alleged a robbery by taking money from the person, and the evidence showed only a taking from the presence. The variance is fatal. R. S. 1889, sec. 3530; 2 Bishop’s New Cr. Law, sec. 1177; Wharton’s Cr.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The indictment alleged a robbery by taking money from the person, and the evidence showed only a taking from the presence. The variance is fatal. R. S. 1889, sec. 3530; 2 Bishop’s New Cr. Law, sec. 1177; Wharton’s Cr. Law, 3847. (2) The second instruction was erroneous in commenting on the evidence, and in saying that a taking from the presence would sustain a charge of taking from the person, and in instructing that a charge of robbery (the actual taking and carrying away) would be sustained simply by drawing a…
1Opinion of the CourtShebwood, J.
— Robbery in the first degree the charge, and five years’ imprisonment in the penitentiary the result of the trial, constitute the outlines of this record. Lamb is the name of the defendant, although the occurrences preserved in the record would seem to indicate that name to be somewhat of a misnomer.
A summary of the facts gleaned from the record is to the effect that one Peterson and Pullam were partners, running a saloon at the corner of Twenty-first street and Clark avenue, in the city’ of St. Louis, Mis-souri, and that on the night of the thirty-first of October, 1896, Peterson was behind…
2Cases cited6 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. PaxtonSupreme Court of Missouri · 1895
- State v. LawlerSupreme Court of Missouri · 1895
- State v. SharpSupreme Court of Missouri · 1879
- State v. WammackSupreme Court of Missouri · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. MucciSupreme Court of New Jersey · 1957
- State v. CraftSupreme Court of Missouri · 1923
- State v. McCarverSupreme Court of Missouri · 1906
- State v. FeeleySupreme Court of Missouri · 1906
- Jones v. StateCourt of Criminal Appeals of Oklahoma · 1947
16 more not listed; retrieve them via the Exa API.