State v. Scullin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. The instructions directed the jury to go outside of the information; not alone in regard to the essential element of the want of consent of the owner to the alleged taking, but also in regard to a joint charge which is not in the information, i. e., the first instruction also directs them that if they find that “the defendant John Scullin, alias Kid Taylor, alias "Whiting, either while acting alone or…
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Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. The instructions directed the jury to go outside of the information; not alone in regard to the essential element of the want of consent of the owner to the alleged taking, but also in regard to a joint charge which is not in the information, i. e., the first instruction also directs them that if they find that “the defendant John Scullin, alias Kid Taylor, alias "Whiting, either while acting alone or with others then and there present and acting with him, with a common intent and purpose did,” etc. This instruction,…
1Opinion of the CourtBurgess, P. J.
Upon an information filed by the assistant circuit attorney of the city of St. Louis in.the office of the clerk of the circuit court of said city charging the defendant with grand larceny, he was convicted and his punishment fixed at imprisonment in the penitentiary for the term of two years. He appeals.
The facts, briefly stated, are substantially as follows :
*711On the night of January 21,1903; Harlow Spencer, after having assisted a lady in hoarding a Chicago & Alton train for Chicago at the Union Station in the city of St. Louis, and accompanied her to a seat, when the train began to start,…
2Cases cited1 opinion
- State v. SmithSupreme Court of Missouri · 1894
3Cited by7 opinions
- State v. MorganSupreme Court of Missouri · 1980
- State v. BaileySupreme Court of Missouri · 1905
- State v. MartinMissouri Court of Appeals · 1975
- State v. BunyardSupreme Court of Missouri · 1913
- State v. BraddockMissouri Court of Appeals · 1977
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