State v. Raftery
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. (1) The court should have given the instruction asked for; or should at least have instructed that the mere receiving of stolen property was insufficient. R. S. 1909, sec. 5231; State v. Yinso, 171 Mo. 578; State v. Anslinger, 171 Mo. 600; State v. Fredericks, 136 Mo. 51. The necessity for such an instruction is plainly shown by the closing appeal of the assistant circuit attorney.
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Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. (1) The court should have given the instruction asked for; or should at least have instructed that the mere receiving of stolen property was insufficient. R. S. 1909, sec. 5231; State v. Yinso, 171 Mo. 578; State v. Anslinger, 171 Mo. 600; State v. Fredericks, 136 Mo. 51. The necessity for such an instruction is plainly shown by the closing appeal of the assistant circuit attorney. (2) The comment of the assistant circuit attorney as to the failure of the co-defendant to testify was most damaging; and when followed up at…
1Opinion of the Court
ROY, C.
Defendant was charged jointly with John Burns, alias Podgy Burns, and James Kennedy Burglary and Larceny. with burglary and larceny. There was a severance, and the defendant, on a separate trial, was convicted of grand larceny, and sentenced to the penitentiary for two years.
Milasch Vlado and Nicholas Vlado, father and son, gypsies, lived on O ’Fallon street in St. Louis, the former at No. 1525 and the latter at No. 1523. They were both married and there was another married son of the father who lived with him. Milasch and his son Nicholas each had about $4000. About six thousand…
2Cases cited11 opinions
- Balbo v. . the PeopleNew York Court of Appeals · 1880
- Commonwealth v. CuffeeMassachusetts Supreme Judicial Court · 1871
- State v. LarkinSupreme Court of Missouri · 1913
- Radtke v. St. Louis Basket & Box Co.Supreme Court of Missouri · 1910
- Dickey v. PorterSupreme Court of Missouri · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Prescoe v. StateCourt of Appeals of Maryland · 1963
- State v. WiseSupreme Court of New Jersey · 1955
- Eugene Smith v. United StatesCourt of Appeals for the D.C. Circuit · 1958
- State v. CloughSupreme Court of Missouri · 1931
- People v. KlyczekIllinois Supreme Court · 1923
17 more not listed; retrieve them via the Exa API.