State v. Helms
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Row. A. D. Burnes, Judge. (1) The indictment is sufficient. State v. Megraw, 87 Mo. 161; State v. Shields, 89 Mo. 252; State v. Taylor. 136 Mo. 66; Kelly’s Criminal Law, sec. 609; R. S. 1899, sec. 1886. (2) At common law, the breaking to constitute burglary was confined to the dwelling or mansion house of another, but our statute is broader than the common law and under it it is burglary to feloniously break into almost any kind of…
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Appeal from Andrew Circuit Court. — Row. A. D. Burnes, Judge. (1) The indictment is sufficient. State v. Megraw, 87 Mo. 161; State v. Shields, 89 Mo. 252; State v. Taylor. 136 Mo. 66; Kelly’s Criminal Law, sec. 609; R. S. 1899, sec. 1886. (2) At common law, the breaking to constitute burglary was confined to the dwelling or mansion house of another, but our statute is broader than the common law and under it it is burglary to feloniously break into almost any kind of structure which is used by man. State v. Davis, 136 Mo. 110. If the inside door was fastened by a slat and the outside door by…
1Opinion of the CourtGantt, P. J.
— On the 20th day of September, 1901, the prosecuting attorney of Andrew county filed an information, duly verified, in the circuit court of that county, charging the defendant with feloniously and burglariously breaking. into a certain chickenhouse, belonging to Charles Trampe and his wife, Anne E. Trampe, and stealing therefrom eleven chickens of the value of two dollars and seventy-five cents, which belonged to Anne E. Trampe, who, it was alleged, was a joint owner with her husband of the property.
The evidence showed-that on the night of September 11, 1901, the defendant was observed in…
2Cases cited5 opinions
- State v. SchuchmannSupreme Court of Missouri · 1896
- State v. HecoxSupreme Court of Missouri · 1884
- State v. MooreSupreme Court of Missouri · 1893
- State v. TuttSupreme Court of Missouri · 1876
- State v. WoodsSupreme Court of Missouri · 1897
3Cited by7 opinions
- State v. WhitakerSupreme Court of Missouri · 1955
- State v. DuncanSupreme Court of Missouri · 1935
- State v. FritzSupreme Court of Missouri · 1964
- State v. AshcraftSupreme Court of Missouri · 1938
- State v. McGuireSupreme Court of Missouri · 1906
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