State v. Pollock
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, -Judge. (1) The indictment is fatally defective in failing to sufficiently allege the ownership of the property charged to have been stolen by another, and subsequently received by .this appellant.
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Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, -Judge. (1) The indictment is fatally defective in failing to sufficiently allege the ownership of the property charged to have been stolen by another, and subsequently received by .this appellant. The indictment alleges that it was the property of and stolen from “Butler Bros.,” but no allegation is made as to whether “Butler Bros.” is a corporation or co-partnership, and if a co-partnership, the names of the individuals constituting the firm. State v. Jones, 168 Mo. 398; State v. Patterson, 159 Mo. 98. (2) The verdict is…
1Opinion of the CourtBland, P. J.
(after stating the facts as above).
—1. One of the grounds for the motion for new trial was that the evidence was insufficient to warrant a verdict of guilty, and counsel for appellant insist here that there is no sufficient evidence of defendant’s guilt to support the verdict. We do not deem it necessary to summarize the evidence or to discuss its probative force as we shall dispose of the appeal on other grounds.
2. The sufficiency of the indictment to support the judgment is attacked on the ground that it fails to allege the ownership of the property charged io have been stolen; that the…
2Cases cited10 opinions
- Commonwealth v. FinnMassachusetts Supreme Judicial Court · 1871
- State v. GuildSupreme Court of Missouri · 1899
- State v. JonesSupreme Court of Missouri · 1902
- State v. Smith'Supreme Court of Missouri · 1865
- City of St. Louis v. BussSupreme Court of Missouri · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- Kimball v. Territory of ArizonaArizona Supreme Court · 1911
- State v. FinkSupreme Court of Missouri · 1905
- State v. MitnickSupreme Court of Missouri · 1936
- State v. RobinsonOregon Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.