State v. Hess
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. J. Eugo Grimm, Judge. (1) The record does not show, or tend to show, that any goods, wares, merchandise, fixtures, shelving or furniture were burned in this fire. The demurrers to the evidence, first and last, were directed to the absolute failure of proof of the charge contained in this indictment, and should have been sustained.
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Appeal from St. Louis City Circuit Court. — Eon. J. Eugo Grimm, Judge. (1) The record does not show, or tend to show, that any goods, wares, merchandise, fixtures, shelving or furniture were burned in this fire. The demurrers to the evidence, first and last, were directed to the absolute failure of proof of the charge contained in this indictment, and should have been sustained. (2) The court erred in submitting to the jury by its instruction the question of whether defendant did “willfully, maliciously and feloniously set fire to and burn a certain retail stock of drugs, chemicals, bottles,…
1Opinion of the CourtBrown, J.
Defendant was convicted in the circuit court of St. Louis city of the crime of arson in the -third degree, as defined in section 4511, Revised Statutes 190-9, and appeals from a judgment fixing his punishment at imprisonment in jail for one year.
On August 25, 1909, defendant was conducting a drug store at Frieda and G-ravois in St. Louis city. The stock consisted of drugs, stationery, cigars and sundries, all of which, including the house where they were located, were owned by Lucy Hess, the wife of defendant. The stock of drugs, stationery, shelving and fixtures, was at the time of the…
2Cases cited5 opinions
- State v. JacksonSupreme Court of Missouri · 1888
- State v. FurgersonSupreme Court of Missouri · 1899
- State v. PhillipsSupreme Court of Missouri · 1911
- State v. WiggerSupreme Court of Missouri · 1906
- State v. ManningSupreme Court of Missouri · 1902
3Cited by15 opinions
- Ward v. StateCourt of Appeals of Maryland · 1981
- State v. ThayerOhio Supreme Court · 1931
- State v. RhodenSupreme Court of Missouri · 1951
- State v. NealMissouri Court of Appeals · 1975
- State v. LevySupreme Court of Missouri · 1914
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