State v. Crow
Supreme Court of Missouri
Appeal from Crawford Circuit Court. — Hon. C. 0. Bland, Judge. (1) There was a fatal variance between the property described in the indictment and the evidence offered in proof thereof. Bouvier’sDict., p. 454 ; 2 East, P. C. 616 ; 1 Leach, 105 ; Kelley’s Crim. Law, p. 321, sec. 543, and p. 322, sec. 594; 2 Hale, 182 ; 2 East, P. C. 616. (2) The property should have been described as neat cattle.
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Appeal from Crawford Circuit Court. — Hon. C. 0. Bland, Judge. (1) There was a fatal variance between the property described in the indictment and the evidence offered in proof thereof. Bouvier’sDict., p. 454 ; 2 East, P. C. 616 ; 1 Leach, 105 ; Kelley’s Crim. Law, p. 321, sec. 543, and p. 322, sec. 594; 2 Hale, 182 ; 2 East, P. C. 616. (2) The property should have been described as neat cattle. R. S. 1889, sec. 3535. The motion in arrest of judgment should have been sustained. (3) Evidence that defendant had been charged with selling whiskey without license was improper and prejudicial to…
1Opinion of the CourtMacfarlane, J.
Defendant was indicted, tried and convicted in the circuit court of Crawford county for larceny of one cow, the property of Prank Martin. Prom the judgment he has appealed to this court.
I. The subject of the larceny was described in the indictment as “certain cattle, to-wit, one cow.” A motion was made to quash the indictment for the reason that the description of the property charged to have been stolen was insufficient. We do not think so. The statute makes the stealing of “neat cattle” grand larceny. R. S. 1879, sec. 1307. A cow is included in the class of domestic animals denominated…
2Cases cited15 opinions
- Annis v. PeopleMichigan Supreme Court · 1865
- State v. AlexanderSupreme Court of Missouri · 1877
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1876
- State v. BuchlerSupreme Court of Missouri · 1890
- State v. TaborSupreme Court of Missouri · 1888
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3Cited by28 opinions
- State v. OgdenOregon Supreme Court · 1901
- State v. PopaMontana Supreme Court · 1919
- State v. MeysenburgMissouri Court of Appeals · 1902
- State v. DewittSupreme Court of Missouri · 1899
- State v. CarsonMissouri Court of Appeals · 1951
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