State v. Bench
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. 1. Each township in counties having adoped township organization, has the power to purchase and hold such personal property as may be necessary to the exercise of its corporate and administrative powers and no other. This is a limited power, a prescribed power, and the indictment must show that the property alleged to have been stolen was property which the township could hold and' own.
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Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. 1. Each township in counties having adoped township organization, has the power to purchase and hold such personal property as may be necessary to the exercise of its corporate and administrative powers and no other. This is a limited power, a prescribed power, and the indictment must show that the property alleged to have been stolen was property which the township could hold and' own. Exceptions in the enacting clause must be negatived in an indictment, and the same rule must apply when limited powers are possessed. State…
1Opinion of the CourtNorton, J.
— Defendant was indicted in the Livingston circuit court, at its September term, 1877, charged with grand larceny in feloniously taking, stealing and carrying away three pieces of pine lumber, of the value of $11.50, “then and there the property of another, to-wit: the property of Blue Mound township, Livingston county.” A demurrer was filed by the defendant to the indictment, which was sustained, and from this action of the court the State has appealed to this court. It is contended by defendant that the indictment is insufficient, because Blue Mound township, the alleged owner of the things…
2Cited by1 opinion
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