State v. Powers
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Leo 8. Rassieur, Judge. (1) The failure of the court in its instruction to the jury requiring the receiving to have been done with an unlawful and felonious intent was reversible error. 1 Bish. New Cr. Law, sec. 567-71; 4 Black. Comm. 132; Hughes’ Crim. Law, sec. 665; 1 Wharton, Crim. Law, sec. 88; State v. McAdoo, 80 Mo. 219; 1 McClain’s Cr. Law, sec. 717; Rapalje on Larceny, sec. 311-316; 2 Bish. Cr.
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Appeal from St. Louis City Circuit Court. — How. Leo 8. Rassieur, Judge. (1) The failure of the court in its instruction to the jury requiring the receiving to have been done with an unlawful and felonious intent was reversible error. 1 Bish. New Cr. Law, sec. 567-71; 4 Black. Comm. 132; Hughes’ Crim. Law, sec. 665; 1 Wharton, Crim. Law, sec. 88; State v. McAdoo, 80 Mo. 219; 1 McClain’s Cr. Law, sec. 717; Rapalje on Larceny, sec. 311-316; 2 Bish. Cr. Law, sec. 1138-42; People v. Avilla, 43 Cal. 196; State v. Pelts, 3 Blackf. (Ind.) 28; People v. Johnson, 1 Park. Crim. (N. Y.) 564; People v.…
1Opinion of the CourtBrown, J.
Convicted of receiving stolen money and his punishment fixed at two years in the penitentiary, defendant appeals to this court.
On the evening of March 12, 1912, five persons, imbued with a larcenous purpose, assembled at a saloon kept by defendant in what is known as “Kerry Patch” in St. Louis City. Those five persons were: Ned Raftery, Podgy Burns, James Kennedy, Ben Shaw and George Nicholas, the latter a Gypsy boy between sixteen and seventeen years of age. The Gypsy boy informed his associates (Raftery et al.) that his uncle, Milasch Vlado, who lived only a block from the saloon, was…
2Cases cited5 opinions
- State v. CohenSupreme Court of Missouri · 1914
- State v. CreeleySupreme Court of Missouri · 1914
- State v. RichSupreme Court of Missouri · 1912
- State v. DashmanSupreme Court of Missouri · 1900
- Tumilty v. Bank of MissouriSupreme Court of Missouri · 1850
3Cited by4 opinions
- State v. HarrisSupreme Court of Missouri · 1958
- State v. HamiltonSupreme Court of Missouri · 1924
- People v. OsborneCalifornia Court of Appeal · 1978
- State v. WansongSupreme Court of Missouri · 1917