State v. Morledge
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Jno. W. Wofford, Judge. Under an indictment for robbery in tbe first degree, tbe proof must show that tbe money or property was taken from tbe possession or in tbe presence of tbe owner thereof, and if it appear that tbe person alleged to be tbe owner is not the owner, but only a servant or employee of tbe owner left in possession for a time, tbe variance is fatal ánd a demurrer to the evidence should be sustained.
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Appeal from Jackson Criminal Court. — Hon. Jno. W. Wofford, Judge. Under an indictment for robbery in tbe first degree, tbe proof must show that tbe money or property was taken from tbe possession or in tbe presence of tbe owner thereof, and if it appear that tbe person alleged to be tbe owner is not the owner, but only a servant or employee of tbe owner left in possession for a time, tbe variance is fatal ánd a demurrer to the evidence should be sustained. State v. Lawler, 130 Mo. 366, citing State v. Davidson, 38 Mo. 374; Com. v. Morse, 14 Mass. 217; Ludden v. Leavitt, 9 Mass, and other…
1Opinion of the CourtBurgess, J.
— Defendant was convicted in the criminal court of Jackson county of robbery in the first degree and his punishment fixed at twenty-five years’ imprisonment in the penitentiary. He appeals.
It appears from the record that on the night of the twenty-first of January, 1900, one John Resmussen was in charge as night bartender of a saloon on West Twelfth street, Kansas City, Missouri, which belonged to Schattnef Brothers, and that about half past four o’clock a. m. defendant entered the saloon, having on a short white coat, a soft white hat, and a handkerchief tied over his face, and a pistol in…
2Cases cited4 opinions
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
- Dillenback v. JeromeNew York Supreme Court · 1827
- State v. LawlerSupreme Court of Missouri · 1895
3Cited by3 opinions
- State v. MontgomerySupreme Court of Missouri · 1904
- Commonwealth v. WeinerMassachusetts Supreme Judicial Court · 1926
- State v. StinsonSupreme Court of Missouri · 1964