Norton v. State
Supreme Court of Missouri
Two questions present themselves in this case. 1. Does the evidence amount to the crime of larceny, and justify a conviction under the first instruction of the court? or does it show a mere breach of trust? 2. Is the second instruction given by the court below warranted bylaw? 1st, larceny is defined by most writers on criminal law to be “the felonious taking, stealing and carrying away of the personal goods of another.”
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Two questions present themselves in this case. 1. Does the evidence amount to the crime of larceny, and justify a conviction under the first instruction of the court? or does it show a mere breach of trust? 2. Is the second instruction given by the court below warranted bylaw? 1st, larceny is defined by most writers on criminal law to be “the felonious taking, stealing and carrying away of the personal goods of another.” A felonious intent, is the very gist or essence of the crime of larceny, and must exist at the very moment the party gets possession of the property. “The felonious intent is…
1Opinion of the Court
Opinion of the court delivered by
McGirk J.*
Norton was indicted for horse stealing, in the circuit court of St. Louis county. A verdict was found him, and judgment thereon; and he brought the case here by a writ of error. On the trial, the prosecution gave in evidence, that in the city of Saint Louis, one Gordon kept a livery stable. That on the 19 th or 20th of March 1836, Norton came to the stable of Gordon the witness, on Friday and hired of him a horse saddle and bridle, to go to St. Charles on the next day and to return the next day. That on Saturday, Norton came to the stable and got the…
2Cited by7 opinions
- Wallis v. StateSupreme Court of Arkansas · 1891
- State v. BroderickMissouri Court of Appeals · 1879
- State v. RussellSupreme Court of Missouri · 1954
- Faggard v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. StoneSupreme Court of Missouri · 1878
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