Legal Opinion

State v. Hartley

Supreme Court of Missouri

Decided December 4, 1919Published

Appeal from Washington- Circuit Court. — Hon. E. M. D.earing. Judge. (l)-The evidence is insufficient to establish,the corpus delicti. State v. Lee, 182 S. W. 972. (2) The evidence is insufficient to support the judgment of conviction. State v. Lee supra; State v. Counts, 234 Mlo. 580. (1) While brief, the evidence was ample to sustain the verdict. The owner, as well as the other witnesses, identified the hogs as the property of the former.

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Appeal from Washington- Circuit Court. — Hon. E. M. D.earing. Judge. (l)-The evidence is insufficient to establish,the corpus delicti. State v. Lee, 182 S. W. 972. (2) The evidence is insufficient to support the judgment of conviction. State v. Lee supra; State v. Counts, 234 Mlo. 580. (1) While brief, the evidence was ample to sustain the verdict. The owner, as well as the other witnesses, identified the hogs as the property of the former. Witnesses Kimberlin and Scott confronted the defendant driving’ the hogs in the direction of the defendant’s home and tracks in the road .made by the…

1Opinion of the CourtWilliams, P. J.

Upon an information charging him, with the larceny of six hogs, the property of one Thomas Scott, defendant yas tried in the Circuit Court of Washington County, found guilty, and his punishment assessed at imprisonment in the penitentiary for two years. Defendant has duly perfected an appeal.

The evidence upon the part of the State tends to establish the following facts:

The crime is alleged to have occurred on October 13, 1917. At that time one Thomas Scott, a farmer living in Washington County, was the owner of nine hogs, each weighing about one hundred and twenty-five pounds. The hogs were…

2Cases cited3 opinions

  1. State v. LeeSupreme Court of Missouri · 1916
  2. State v. CountsSupreme Court of Missouri · 1911
  3. State v. NaveSupreme Court of Missouri · 1918

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