State v. Brown
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. This was an indictment for stealing from the dwelling house of one Gather property alleged to be of the value of $15. The second instruction given on the part of the State was to the effect that if the jury believed that defendant took, stole and carried away of the property mentioned in the indictment of any value whatever, in the dwelling of said Cather, and belonging to said Cather, they should find the…
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Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. This was an indictment for stealing from the dwelling house of one Gather property alleged to be of the value of $15. The second instruction given on the part of the State was to the effect that if the jury believed that defendant took, stole and carried away of the property mentioned in the indictment of any value whatever, in the dwelling of said Cather, and belonging to said Cather, they should find the defendant guilty of grand larceny. The fourth was as follows: If the jury believe from the evidence that soon after the…
1Opinion of the Court
I
Sherwood, C. J.
We will not reverse the judgment because the record does not show that defendant consented to the separation of the jury. It is true that section 1909 of the General Statutes, provides that the court, “ with the consent of the prosecuting attorney and the defendant * * may permit the jury to separate, * * except in capital cases.” But that statute nowhere provides that the record shall recite the fact of consent given. In the absence then, of any objection appearing to the separation of the jury, the presumption-will be that the necessary consent was given. Such presumptions…
2Cases cited2 opinions
- State v. KellySupreme Court of Missouri · 1881
- State v. RamelsburgSupreme Court of Missouri · 1860
3Cited by15 opinions
- State v. MontgomerySupreme Court of Missouri · 1952
- State v. WhitakerSupreme Court of Missouri · 1958
- Hadley v. BerneroMissouri Court of Appeals · 1902
- State v. RobertsSupreme Court of Missouri · 1954
- State v. WisdomSupreme Court of Missouri · 1884
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