Legal Opinion

State v. Rutherford

Supreme Court of Missouri

Decided October 31, 1899PublishedCited by 28 opinions

Appeal from Moniteau Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Defendant offered to prove that at different times in 1896 and 1897, prior to his arrest, he collected various amounts of money. The court refused these offers of evidence, on the ground that the time was too remote. In this, there was error.

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Appeal from Moniteau Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Defendant offered to prove that at different times in 1896 and 1897, prior to his arrest, he collected various amounts of money. The court refused these offers of evidence, on the ground that the time was too remote. In this, there was error. Defendant’s testimony connected those transactions with the cash in his possession on the fourth of December, 1897. If his evidence was true (and of that the jury were to judge) the money received from these parties was the money he had on hand when he was taken in charge by the…

1Opinion of the CourtGantt, P. J.

The defendant was indicted at the January term, 1898, of the Moniteau circuit court, for grand *127larceny. lie was duly arraigned, and at the September term, 1898, was tried and convicted and sentenced to the penitentiary for two years.

The evidence in behalf of the State very conclusively showed that on the third day of December, 1897, a'package of money containing five hundred dollars was stolen from the safe of the People’s Bank of Tipton, Missouri. Roy E. Bane was tlje cashier of said bank and testified quite positively that on the afternoon of December 3, 1897, there were five packages of…

2Cases cited4 opinions

  1. State v. MooreSupreme Court of Missouri · 1890
  2. State v. LacklandSupreme Court of Missouri · 1896
  3. State v. GraySupreme Court of Missouri · 1866
  4. State v. ShermerSupreme Court of Missouri · 1874

3Cited by28 opinions

  1. State v. SnyderSupreme Court of Missouri · 1904
  2. State v. GailesSupreme Court of Missouri · 1968
  3. State v. AdkinsSupreme Court of Missouri · 1920
  4. State v. LedbetterSupreme Court of Missouri · 1933
  5. State v. MadisonSouth Dakota Supreme Court · 1909

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