Legal Opinion

State v. Taylor

Supreme Court of Missouri

Decided November 20, 1896PublishedCited by 21 opinions

Appeal from Johnson Criminal Court. — Hon. John E. Ryland, Judge. (1) The indictment is defective, and does not sufficiently charge any public offense against defendant. It charges “with intent the goods, chattels, personal property and valuable things” in the said store, etc. There is no charge that the intent was felonious. The indictment must charge that both the act and intent were felonious.

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Appeal from Johnson Criminal Court. — Hon. John E. Ryland, Judge. (1) The indictment is defective, and does not sufficiently charge any public offense against defendant. It charges “with intent the goods, chattels, personal property and valuable things” in the said store, etc. There is no charge that the intent was felonious. The indictment must charge that both the act and intent were felonious. State v. Feaster, 25 Mo. 324; State v. Herrell, 97 Mo. 105; State v. Green, 111 Mo. 585. (2) The court erred in permitting Ed. É. Imes, witness for the state, to testify to a conversation .with Lee…

1Opinion of the CourtSherwood, J.

The indictment in this cause, on which defendant was found guilty of burglary, acquitted of larceny, and his imprisonment assessed at three years’ imprisonment in the penitentiary, is-founded on section 3526, Revised Statutes, 1889, and is, in its charging portion, the following: “ That Rus*69sell Taylor, late of the county of Johnson and state of Missouri, on the fifteenth day of August, 1895, at the said county of Johnson, state of Missouri, did feloniously and burglariously break into and enter the store of W. T. Baker there situate, the same being a building in -which divers goods,…

2Cases cited5 opinions

  1. State v. McGrawSupreme Court of Missouri · 1885
  2. State v. TyrrellSupreme Court of Missouri · 1889
  3. Commonwealth v. BrownSupreme Court of Pennsylvania · 1832
  4. State v. ShieldsSupreme Court of Missouri · 1886
  5. State v. HenleySupreme Court of Missouri · 1860

3Cited by21 opinions

  1. State v. BarringtonSupreme Court of Missouri · 1906
  2. State v. UmfreesSupreme Court of Missouri · 1968
  3. Horn v. StateWyoming Supreme Court · 1903
  4. State v. ShepardSupreme Court of Missouri · 1969
  5. Irvin v. StateCourt of Criminal Appeals of Oklahoma · 1915

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