State v. Nicholas
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) “Whether requested or not the court must instruct the jury in writing upon all questions of law arising in the ease, which are necessary for their information in giving their verdict. ’ ’ Laws 1901, p. 140; State v. James and Johnson, 216 Mo. 394. (2) These defendants could he charged and tried for burglary and larceny in the same count, and may he acquitted of the former and convicted, of the latter…
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) “Whether requested or not the court must instruct the jury in writing upon all questions of law arising in the ease, which are necessary for their information in giving their verdict. ’ ’ Laws 1901, p. 140; State v. James and Johnson, 216 Mo. 394. (2) These defendants could he charged and tried for burglary and larceny in the same count, and may he acquitted of the former and convicted, of the latter charge; hut -in such case the degree of larceny must he determined by the value of the property taken. State v. Barker, 64…
1Opinion of the CourtBurgess, J.
The defendants were convicted of grand larceny and their punishment assessed at imprisonment in the penitentiary for a term of two years, under an information charging them jointly with having burglarized the dwelling-house of one? Kate Jones, and stolen therefrom one trunk and certain household articles, all of the value of fifty dollars.
The testimony discloses that defendant Nicholas lived at Portageville, in New Madrid county, and that defendant Cates, for sometime prior to the date of the alleged offense, had been residing in the State of Tennessee. On the 4th day of December, 1907, the…
2Cases cited4 opinions
- State v. BarkerSupreme Court of Missouri · 1876
- State v. Brinkley & HandySupreme Court of Missouri · 1898
- State v. UrspruchSupreme Court of Missouri · 1905
- State v. GrovesSupreme Court of Missouri · 1906
3Cited by8 opinions
- State v. ConwaySupreme Court of Missouri · 1912
- State v. DuncanSupreme Court of Missouri · 1935
- State v. LackeySupreme Court of Missouri · 1910
- State v. EnochsSupreme Court of Missouri · 1936
- State v. WilsonSupreme Court of Missouri · 1910
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