State v. Patterson
Supreme Court of Missouri
Appeal from Pettis Criminal Court. — Hon. John E. Rtland, Judge. The stealing of property from the person of anyone in a dwelling house, where the property is under the care and protection of the person and not of the house, does not constitute the crime of larceny from a dwelling house. 1 Russell on Crimes, 854-5-6; 1 Bish. Crim. Law, 263, et seq.; 2 Bish. on Crim.
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Appeal from Pettis Criminal Court. — Hon. John E. Rtland, Judge. The stealing of property from the person of anyone in a dwelling house, where the property is under the care and protection of the person and not of the house, does not constitute the crime of larceny from a dwelling house. 1 Russell on Crimes, 854-5-6; 1 Bish. Crim. Law, 263, et seq.; 2 Bish. on Crim. Law, 888-889 ; Commonwealth v. Lester, 129 Mass. 101; Commonwealth v. Hartnett, 3 Gray, 450 ; Rex v. Oioen, 2 Leach (4 Ed.) 572; Commonwealth r>. Smith, 111 Mass. 429; Rex o. Campbell, 2 Leach (4 Ed.) 564; Rex v. Casiledine, 2…
1Opinion of the CourtSherwood, J.
— The defendant was indicted under the provisions of Revised Statutes, 1879, section 1309, for stealing thirty-five dollars, the money of one Slianklin, in a dwelling house. Being tried, he was convicted, and sentence having been passed ujion him, he appeals to this court.
According to the testimony of the prosecuting witness, the money stolen consisted of a twenty-dollar gold piece, a ten-dollar gold piece and four or five dollars in silver. It is also shown, by the testimony that both defendant and Shanklin drank very heavily on the night of the seventeenth of February, 1888, and that…
2Cases cited5 opinions
- State v. BrownSupreme Court of Missouri · 1882
- Commonwealth v. LesterMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1873
- State v. RamelsburgSupreme Court of Missouri · 1860
- State v. KennedySupreme Court of Missouri · 1885
3Cited by5 opinions
- State v. ReynerOregon Supreme Court · 1907
- Wilder v. StateAlabama Court of Appeals · 1941
- State v. JonesMissouri Court of Appeals · 1973
- State v. Flowers and JonesSupreme Court of Missouri · 1925
- Childress v. Southwest Missouri RailroadMissouri Court of Appeals · 1910