State v. Casey
Supreme Court of Missouri
Appeal from. St. Louis City Circuit Court.— Hon. Moses N. Sale, Judge. (1) The court undoubtedly erred in instructing the jury upon the evidence submitted to them that the defendant was not guilty of embezzlement, but that they might from the facts proved' find him guilty of larceny.
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Appeal from. St. Louis City Circuit Court.— Hon. Moses N. Sale, Judge. (1) The court undoubtedly erred in instructing the jury upon the evidence submitted to them that the defendant was not guilty of embezzlement, but that they might from the facts proved' find him guilty of larceny. Assuming that the evidence in the case tended to show that the defendant was guilty of either offense charged in the information, it was certainly the offense of which he was found not guilty; or, again assuming that the evidence showed that the defendant was either a principal in the second degree or ’an…
1Opinion of the CourtGantt, J.
— On June 12, 1906, the assistant circuit attorney of St. Louis filed an information, duly *6verified, charging the defendant, in the first count, with the larceny of eighty-nine cases of Bull Durham smoking tobacco and fifteen butts of seven pounds each of Piper-Heidsieck chewing tobacco, of the value of fifteen hundred dollars; and, in the second count, with aiding, assisting and abetting one Louis Formaneck, alias George Franklin, with the embezzlement of said /described property, from the St. Louis Transfer Com[pany, a corporation. The date of the alleged offense was May 2, 1906. At the…
2Cases cited4 opinions
- State v. ShermerSupreme Court of Missouri · 1874
- State v. FinkSupreme Court of Missouri · 1905
- State v. MintzSupreme Court of Missouri · 1905
- State v. WilliamsSupreme Court of Missouri · 1864
3Cited by12 opinions
- McKee v. DowningSupreme Court of Missouri · 1909
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- Fulwider v. Trenton Gas, Light & Power Co.Supreme Court of Missouri · 1909
- State v. BrightSupreme Court of Missouri · 1954
- State v. BurgessSupreme Court of Missouri · 1916
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