State v. Fink
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) If defendant assisted in any way in the larceny, and in the perpetration of that crime had the cigars taken to his place and sold them, he could not he convicted of receiving, hut only of larceny.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) If defendant assisted in any way in the larceny, and in the perpetration of that crime had the cigars taken to his place and sold them, he could not he convicted of receiving, hut only of larceny. State v. Honig, 78 Mo. 249; Owen v. State, 52 Ind. 379; Matter of Franklin, 77 Mich. 615; People v. Brien, 53 Hun 496. If the State had evidence of such participation in the larceny, and indicted and tried defendant for the larceny and he was acquitted, then the State could, by rejecting the evidence of participation in…
1Opinion of the CourtFox, J.
— -The defendant in this cause was convicted in the circuit court of the city of St. Louis for receiving stolen goods, knowing the same to have been stolen.
The indictment upon which this judgment is based is as follows:
“The grand jurors of the State of Missouri, within and for the body of the city of St. Louis, now here in court, duly impaneled, sworn, and charged, upon their oath present that Frederick Fink, on or about the twenty-eighth day of May, one thousand nine hundred and three, at the city of St. Louis aforesaid, forty-five thousand cigars, all of the value of five hundred and fifty…
2Cases cited5 opinions
- State v. SmithSupreme Court of Vermont · 1871
- Levi v. StateNebraska Supreme Court · 1883
- State v. BohleSupreme Court of Missouri · 1904
- Foster v. StateIndiana Supreme Court · 1886
- State v. PollockMissouri Court of Appeals · 1904
3Cited by14 opinions
- State v. SalleWashington Supreme Court · 1949
- State v. FoxSupreme Court of Connecticut · 1910
- State v. SakowskiSupreme Court of Missouri · 1905
- State v. BrightSupreme Court of Missouri · 1954
- State v. BroderickSupreme Court of Iowa · 1921
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