Legal Opinion

State v. Kelly

Supreme Court of Missouri

Decided April 15, 1881PublishedCited by 32 opinions

Appeal from St. Louis Court of Appeals. This was an indictment for larceny, against James Kelly and Henry Johnson. The evidence given at the trial tended to prove that a trunk and contents had been stolen during the afternoon from premises used as a saloon and public boarding house, frequented by a great many people ; that on the evening of the same day, two police officers arrested the defendants on the levee at a ferry landing, with the trunk in their possession; that upon…

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Appeal from St. Louis Court of Appeals. This was an indictment for larceny, against James Kelly and Henry Johnson. The evidence given at the trial tended to prove that a trunk and contents had been stolen during the afternoon from premises used as a saloon and public boarding house, frequented by a great many people ; that on the evening of the same day, two police officers arrested the defendants on the levee at a ferry landing, with the trunk in their possession; that upon being questioned by the officers, they at once, and without hesitation, stated that they had been met but a few minutes…

1Opinion of the Court

I

Sherwood, O. J.

Nothing is more familiar to the profession than the division of legal presumptions into two classes; conclusive and disputable.. The first, as for instance, that no one is ignorant .of the law, that a male infant under fourteen years of age is incapable of committing a certain offense; that a female infant under the age of ten years is incapable of consenting to sexual congress ; that an infant under the age of seven years is incapable of committing a felony; and that in certain circumstances, the issue of a marriage is conclusively presumed! legitimate. 1 Greenleaf Ev., § 28…

2Cases cited4 opinions

  1. Kelly v. JacksonSupreme Court of the United States · 1832
  2. United States v. WigginsSupreme Court of the United States · 1840
  3. Commonwealth v. McGortyMassachusetts Supreme Judicial Court · 1873
  4. State v. RobbinsSupreme Court of Missouri · 1877

3Cited by32 opinions

  1. State v. TaylorSupreme Court of Missouri · 1893
  2. State v. WillardSupreme Court of Missouri · 1940
  3. Scott v. BrownNew Mexico Supreme Court · 1966
  4. State v. PatrickSupreme Court of Missouri · 1891
  5. Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888

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