State v. Rich
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. J. Rugo Grimm, Judge. (1) Appellant’s motion at the close of the State’s case to discharge upon the ground of variance should have been sustained. State v. Plant, 209 Mo. 307; State v. Shapiro, 216 Mo. 359; State v. Ballard, 104 Mo. 639. (2) The court misdirected the jury. Under the instructions given by the court the jury were authorized to convict if the appellant bought or received the “property mentioned in the evidence.”
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Appeal from St. Louis City Circuit Court. — Ron. J. Rugo Grimm, Judge. (1) Appellant’s motion at the close of the State’s case to discharge upon the ground of variance should have been sustained. State v. Plant, 209 Mo. 307; State v. Shapiro, 216 Mo. 359; State v. Ballard, 104 Mo. 639. (2) The court misdirected the jury. Under the instructions given by the court the jury were authorized to convict if the appellant bought or received the “property mentioned in the evidence.” The charge is that the property stolen and afterwards bought and received was “copper;” the evidence showed it to “be…
1Opinion of the Court
ROY, C.
— The defendant has appealed from the judgment of the circuit court of the city of St. Louis convicting him of receiving stolen goods and sentencing him to the penitentiary for two years.
The information charged the defendant with buying and receiving four hundred and fifteen pounds of copper, knowing that it had been stolen.
The evidence tended to show that on o.r about August 22, 1910, a room at the factory of the Nelson System Manufacturing Company, a corporation, was burglarized and two hundred and sixty-six copper wash-boiler bottoms stolen therefrom. These “wash-boiler bottoms”…
2Cases cited3 opinions
- State v. CrowSupreme Court of Missouri · 1891
- State v. BallardSupreme Court of Missouri · 1891
- State v. PlantSupreme Court of Missouri · 1908
3Cited by6 opinions
- State v. LevanSupreme Court of Missouri · 1924
- State v. CohenSupreme Court of Missouri · 1914
- Elmore-Schultz Grain Co. v. StonebrakerMissouri Court of Appeals · 1919
- State v. PowersSupreme Court of Missouri · 1914
- Bentrup v. Johnson and Lehmann.Missouri Court of Appeals · 1929
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