State v. James
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction.— Hon. Wilson A. Taylor, Judge. (1) In order to constitute the crime of larceny, it was incumbent upon the State to establish beyond a reasonable doubt that the property charged to have been taken, was that of Amanda Rose and that it was taken without her consent. This it failed to do.
Read the full summary
Appeal from St. Louis Court of Criminal Correction.— Hon. Wilson A. Taylor, Judge. (1) In order to constitute the crime of larceny, it was incumbent upon the State to establish beyond a reasonable doubt that the property charged to have been taken, was that of Amanda Rose and that it was taken without her consent. This it failed to do. R. S. 1899, sec. 1910; State v. Waller, 174 Mo. 518. (2) The evidence did not establish that the property charged to have been taken was that of Amanda Rose, the person in whom ownership is alleged in the information. The State relied solely upon the testimony…
1Opinion of the CourtBland, P. J.
On an information filed in the St. Louis Court of Criminal Correction, defendant was found guilty of petit larceny, and his punishment assessed at a fine of ten dollars. His contention in the court below and on his appeal here, is that the evidence was insufficient to support a verdict of guilty. Nettie Nolan, a witness for the State, testified as follows: “I reside at 64.16 Wade avenue, in the city of St. Louis. About nine a. m., Wednesday, on the 14th of August of this year, myself and mother, Mrs. Annie Nolan, and *302Mrs. Amanda Rose, the complaining' witness, went down town in the city of…
2Cases cited2 opinions
- Klein v. LaudmanSupreme Court of Missouri · 1860
- State v. ShelleySupreme Court of Missouri · 1902
3Cited by8 opinions
- State v. ChaseSupreme Court of Missouri · 1969
- State v. ClineSupreme Court of Missouri · 1970
- State v. StarrSupreme Court of Missouri · 1912
- State v. RoswellMissouri Court of Appeals · 1910
- People v. CarrilloSupreme Court of Puerto Rico · 1916
3 more not listed; retrieve them via the Exa API.