State v. Swarens

-(dissenting), — The matter here in controversy is the legal propriety of an instruction given by the trial court at the request of the State. That instruction, numbered 2, is as follows:

“The court instructs the jury that if you find and believe from tire evidence that the' property mentioned in the information, to-wit, one twelve ounce duck canvas tarpaulin, twenty-four feet wide by thirty feet long, was the property of J. C. Williamson and that it was stolen in said County of Vernon in the State of Missouri, on or about the - day of January, 1920, and that recently after it was stolen the…