State v. Waller
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Ho». John W. Wofford, Judge. (1) Instruction 1 is erroneous in the following respects: (a) It fails to tell the jury that the goods must have been taken “without the consent” of the owner, (b) It tells the jury that defendant was guilty if he took “any part of the goods described in the information of the value of $30 or more,” without telling them that if they found defendant stole only a part of the goods they should show what part in…
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Appeal from Jackson Criminal Court. — Ho». John W. Wofford, Judge. (1) Instruction 1 is erroneous in the following respects: (a) It fails to tell the jury that the goods must have been taken “without the consent” of the owner, (b) It tells the jury that defendant was guilty if he took “any part of the goods described in the information of the value of $30 or more,” without telling them that if they found defendant stole only a part of the goods they should show what part in their verdict. (c) The only issue in the case being that of value of the property, the instruction to find defendant…
1Opinion of the CourtBurgess, J.
At the April term, 1902, of the criminal court of Jackson county, defendant was convicted of grand larceny and his punishment fixed, at five years’ imprisonment in the penitentiary under an information theretofore presented against him by the prosecuting attorney of said county, charging him with stealing a lot of surgical instruments from one Nelson A. Drake, of the aggregate value of two hun*520dred dollars. In dne time defendant filed a motion for new trial which was overruled, and he appeals.
Upon the trial defendant took the witness stand and testified that he stole the articles and sold them…
2Cases cited8 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
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. SperitusSupreme Court of Missouri · 1905
- State v. WeinhardtSupreme Court of Missouri · 1913
- State v. RaderSupreme Court of Missouri · 1914
- State v. RichmondSupreme Court of Missouri · 1910