Legal Opinion

State v. Weatherman

Supreme Court of Missouri

Decided March 5, 1907PublishedCited by 8 opinions

Appeal from Christian Circuit Court. — Ho». John, T. Moore, Judge. (1) The court did not correctly define grand larceny in any instruction given in the case. If the defendant did not take the steer with intent of making it his own property and to permanently deprive the owner of the same, he would not he guilty of larceny, and that question should have been submitted to the jury.

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Appeal from Christian Circuit Court. — Ho». John, T. Moore, Judge. (1) The court did not correctly define grand larceny in any instruction given in the case. If the defendant did not take the steer with intent of making it his own property and to permanently deprive the owner of the same, he would not he guilty of larceny, and that question should have been submitted to the jury. State v. Luttrell and Profit, 170 Mo. 13; State v. Gray, 37 Mo. 463; State v. Shermer, 55 Mo. 83; State v. Ware, 62 Mo. 602; State v. Moore, 101 Mo. 316; State v. Lackland, 136 Mo. 26. (2) It was the duty of the…

1Opinion of the CourtBurgess, J.

Defendant was convicted of grand larceny in the circuit court of Christian county and his ■punishment fixed at two years’ imprisonment in the penitentiary, under an information filed by the prosecuting attorney of said county charging him and Keets *8Weatherman and John Weatherman with having, at said county, on the 1st day of August, 1905, stolen a steer of the value of thirty dollars, the personal property of one J. P. Vaughan.

The State’s evidence tended to prove that J. P. Vaughan was the owner of a lot of cattle in 1904, which were being herded by one of his employees in Christian county;…

2Cases cited10 opinions

  1. State v. MooreSupreme Court of Missouri · 1890
  2. State v. SperitusSupreme Court of Missouri · 1905
  3. State v. RutherfordSupreme Court of Missouri · 1899
  4. Rankin v. ChildsSupreme Court of Missouri · 1846
  5. State v. BondSupreme Court of Missouri · 1905

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. ReichSupreme Court of Missouri · 1922
  2. State v. GarrettSupreme Court of Missouri · 1920
  3. People v. CaseyCalifornia Court of Appeal · 1926
  4. State v. MillerUtah Supreme Court · 1947
  5. State v. RaderSupreme Court of Missouri · 1914

3 more not listed; retrieve them via the Exa API.

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