Legal Opinion

State v. Carpenter

Supreme Court of Missouri

Decided February 2, 1909PublishedCited by 4 opinions

Appeal from Jackson Criminal Court. — Ho». Wm. H. Wallace, Judge. (1) The information is sufficient in form and substance. R. S. 1899, sec. 1886; State v. Watson, 141 Mo. 338. It is well settled that burglary and larceny are two distinct offenses, that the two may be united in the same count, and that the jury may convict of either.

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Appeal from Jackson Criminal Court. — Ho». Wm. H. Wallace, Judge. (1) The information is sufficient in form and substance. R. S. 1899, sec. 1886; State v. Watson, 141 Mo. 338. It is well settled that burglary and larceny are two distinct offenses, that the two may be united in the same count, and that the jury may convict of either. R. S. 1899, sec. 1891; State v. Howard, 203 Mo. 600; State v. Owens, 79 Mo. 623; State v. Helms, 179 Mo. 280. (2) The instructions given fairly covered all the questions of law arising in the case necessary for the information of the jury in giving their verdict.…

1Opinion of the CourtFox, J.

This is an appeal on the part of the defendant from a judgment of conviction in the criminal court of Jackson county, Missouri, of grand larceny.

On the 28th day of December, 1906, at the September term of the criminal court of Jackson county, at Kansas City, the prosecuting attorney filed, in open court, an information, properly verified, charging Harvey Adair and M. F. Carpenter with the crime of burglary in the second degree and grand larceny. The offense, as charged, consisted in breaking into a toolhouse belonging to C. A. Harris in Kansas City, and taking therefrom numerous carpenter…

2Cases cited4 opinions

  1. State v. OwensSupreme Court of Missouri · 1883
  2. State v. WatsonSupreme Court of Missouri · 1897
  3. State v. HelmsSupreme Court of Missouri · 1904
  4. State v. HowardSupreme Court of Missouri · 1907

3Cited by4 opinions

  1. State v. BradleySupreme Court of Missouri · 1950
  2. Gardner v. Springfield Gas & Electric Co.Missouri Court of Appeals · 1911
  3. State v. BurnsSupreme Court of Missouri · 1915
  4. State v. BlockbergerSupreme Court of Missouri · 1913

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