State v. Conway
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. 1. Under our salvage law, and on general principles, the taking of the safe by the defendants from the river, was not only lawful, but a duty. R. C. 1845, p. 984, sec. 1, tit. “ Salvage.
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Appeal from St. Louis Criminal Court. 1. Under our salvage law, and on general principles, the taking of the safe by the defendants from the river, was not only lawful, but a duty. R. C. 1845, p. 984, sec. 1, tit. “ Salvage. The doing of this act was open and notorious, in broad day-light, and therefore unattended by any of those badges which are characteristic of a felonious intent. 2. If the original taking was lawful, though the defendants may afterwards appropriate the property to their own use, it is not larceny. 14 J. R. 294. 2 Taylor, 31. 9 Yerg. 198. 5 ib. 154. 1 Hill, 94. State v.…
1Opinion of the CourtRyland, Judge
The defendants were indicted for grand larceny, in the Criminal Court of St. Louis county, were found guilty and sentenced to two years imprisonment in the penitentiary. A motion was made for a new trial, overruled, and the defendants prayed for an appeal, and bring the case here.
The following are the facts, substantially:
In April, 1852, the steamboat Glencoe having arrived at this city from New Orleans, and when about to take her berth at the foot of Chesnut street, blew up, and her iron safe, containing about $600 in gold, silver and paper money, was thrown into the river, first striking…
2Cases cited2 opinions
- Rankin v. ChildsSupreme Court of Missouri · 1846
- People v. AndersonNew York Supreme Court · 1817
3Cited by10 opinions
- State v. McLaughlinSupreme Court of Missouri · 1858
- United States v. StoneUnited States Circuit Court · 1881
- State v. ShermerSupreme Court of Missouri · 1874
- Beatty v. StateMississippi Supreme Court · 1883
- United States v. DurkeeU.S. Circuit Court for the District of Northern California · 1856
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