State v. Homes
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. Tbe defendant was indicted for stealing bogs. Tbe evidence for tbe state was, that defendant and another man (who was impleaded with him, but against whom a nol pros, was entered) were found hauling five bogs away on a wagon, two of which were cl aimed by one Frederick Price; tbe others were supposed to belong to the defendant. Price’s bogs were marked, and bad been running at large where defendant killed them.
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Appeal from St. Louis Criminal Court. Tbe defendant was indicted for stealing bogs. Tbe evidence for tbe state was, that defendant and another man (who was impleaded with him, but against whom a nol pros, was entered) were found hauling five bogs away on a wagon, two of which were cl aimed by one Frederick Price; tbe others were supposed to belong to the defendant. Price’s bogs were marked, and bad been running at large where defendant killed them. On tbe part of tbe defence, it was shown that the defendant bad formerly lived in that neighborhood, and when be moved away, left twenty or thirty…
1Opinion of the Court
Rylaíto, Judge,
delivered the opinion of the court.
The attention of this court will be called to the instructions only, which the Criminal Court gave and refused to give on the trial in this' case.
The instructions refused appear in the above statement : those given are as follows : “ If the jury believe from the evidence, that the defendant, in St. Louis county, and within three years next preceding the finding of this indictment, did steal, take and carry away any of the bogs charged as the property of Frederick Price, of any value whatever, and that be did so steal for the purpose of…
2Cited by18 opinions
- People v. MorinoCalifornia Supreme Court · 1890
- State v. QuisenberrySupreme Court of Missouri · 1982
- People v. BrownCalifornia Supreme Court · 1894
- People v. PhotoCalifornia Court of Appeal · 1941
- United States v. StoneUnited States Circuit Court · 1881
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