State v. Morphin
Supreme Court of Missouri
Appeal from Worth Circuit Court. The indictment charges the defendant with but one of-fence, which was the feloniously stealing, taking, and carrying away of the property of different persons at the same time and place. The circumstances of several ownerships of the property does not increase or mitigate the offence. (Sutton v. State, 7 Mo. 55.) And the stealing of several articles of property at the same time and place, constitutes but one offence. (7 Mo. 55.)
1Opinion of the CourtHolmes, Judge
The court below quashed the indictment, on motion of the defendant, for the reason that the defendant was charged with stealing the property of two different persons, at one and the same time, the value of the property taken from one being less than ten dollars. This was erroneous. The stealing several articles of property at the same time and place constitutes but one offence. (Lorton v. State, 7 Mo. 55.)
Judgment reversed, and cause remanded.
Judge Wagner concurs; Judge Lovelace absent.
2Cases cited1 opinion
- Lorton v. StateSupreme Court of Missouri · 1841
3Cited by14 opinions
- State v. ToombsSupreme Court of Missouri · 1930
- State v. SampsonSupreme Court of Iowa · 1912
- Furnace v. StateIndiana Supreme Court · 1899
- State v. EggleshtSupreme Court of Iowa · 1875
- State v. MjeldeMontana Supreme Court · 1904
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