State v. Maggard
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) Under the evidence tbe defendant could have only been convicted of petit larceny, as is shown by the evidence. The -property of each owner was located in different places, some in wagons, some in mangers, and Smith’s in the shed loft.
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Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) Under the evidence tbe defendant could have only been convicted of petit larceny, as is shown by the evidence. The -property of each owner was located in different places, some in wagons, some in mangers, and Smith’s in the shed loft. We admit that where several articles of personal property belonging to different owners are stolen at one and the same time, it is but one larceny and should be prosecuted as one theft, but it must be done all at one and the same time. Lorton v. The State, 7 Mo. 45; State v. Morphin, 37 Mo. 473.…
1Opinion of the CourtBurgess, J.
At the May term, 1900, of the circuit court of Texas county, the defendant, John W. Earrow and Charles Smith were jointly indicted for grand larceny, which was alleged to have been committed on the twenty-third of March, 1900, in that county.
On the sixteenth day of July, 1900, being the May adjourned term of said court, on motion of defendants named in the indictment, a severance was granted, and on the eighteenth day of July next thereafter, the defendant Maggard having been put upon his trial, was convicted of grand larceny as charged, and his punishment fixed at two years’ imprisonment in…
2Cases cited6 opinions
- Lorton v. StateSupreme Court of Missouri · 1841
- Nichols v. CommonwealthCourt of Appeals of Kentucky · 1879
- Printz v. PeopleMichigan Supreme Court · 1879
- State v. MorphinSupreme Court of Missouri · 1866
- State v. DoepkeSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. RowellNew Mexico Supreme Court · 1995
- Robinson v. United StatesCourt of Appeals for the Tenth Circuit · 1944
- People v. SichofskyCalifornia Court of Appeal · 1922
- State v. CourtSupreme Court of Missouri · 1910
- State v. CitiusSupreme Court of Missouri · 1932
10 more not listed; retrieve them via the Exa API.