State v. Nagel
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Hon. Henry L. Edmunds, Judge. (1) There is no error apparent of record. The indictment is in the usual form of one charging burglary and larceny, and in all respects sufficient.
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Appeal from St. Louis Criminal Court. — Hon. Henry L. Edmunds, Judge. (1) There is no error apparent of record. The indictment is in the usual form of one charging burglary and larceny, and in all respects sufficient. It is permitted by statute, and authorized by numerous decisions of this court that burglary and larceny may be charged in one count of the same indictment.Revised Statutes, sec. 3529. Reciting all that there is charging burglary there is a good and sufficient charge of grand larceny; for leaving out the formal parts it charges that the defendant at the city of St. Louis on the…
1Opinion of the CourtSherwood, J.
The defendant was indicted for burglary in the second degree ¿nd larceny, being charged with breaking into the building of the A. F. Shapleigh Hardware Company, in the city of St. Louis, and stealing therefrom two bicycles of the value of $185, the property of said company. Tried on this indictment, defendant was found guilty of grand *48larceny and two years in the penitentiary awarded to him, and he has appealed.
The testimony on the part of the state tended to show that on the night of the day mentioned in the indictment, between 11 and 12 o’clock, the warehouse of the A. F. Shapleigh Hardware…
2Cases cited11 opinions
- State v. WelsorSupreme Court of Missouri · 1893
- State v. McLaughlinSupreme Court of Missouri · 1858
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
- State v. BallSupreme Court of Missouri · 1858
- State v. KelsoeSupreme Court of Missouri · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. SoperSupreme Court of Missouri · 1899
- State v. TurpinSupreme Court of Missouri · 1933
- State v. KileSupreme Court of Missouri · 1910
- State v. DunneganSupreme Court of Missouri · 1914
- State v. CalvertSupreme Court of Missouri · 1908
2 more not listed; retrieve them via the Exa API.