Legal Opinion

State v. Lackey

Supreme Court of Missouri

Decided November 29, 1910PublishedCited by 35 opinions

Appeal from St. Clair Circuit. Court. — How. Chas. A. Denton, Judge. (1) It is necessary to allege and prove the ownership of the house alleged to have been burglarized and the ownership of the chattels alleged to have been stolen, at the time of the theft. State v. Jones, 168 Mo. 398; State v. Kelley, 206 Mo. 685; State v. James, 194 Mo. 268; State v. Horned, 178 Mo. 59; State v. Pollock, 105 Mo. App. 277; State v. James, 133 Mo.

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Appeal from St. Clair Circuit. Court. — How. Chas. A. Denton, Judge. (1) It is necessary to allege and prove the ownership of the house alleged to have been burglarized and the ownership of the chattels alleged to have been stolen, at the time of the theft. State v. Jones, 168 Mo. 398; State v. Kelley, 206 Mo. 685; State v. James, 194 Mo. 268; State v. Horned, 178 Mo. 59; State v. Pollock, 105 Mo. App. 277; State v. James, 133 Mo. App. 300. (2) The court must instruct on all questions of law arising in a criminal case. R. S. 1899, sec. 2627; State v. Palmberg, 88 Mo. 573 ; State v. Cantlin,…

1Opinion of the CourtKennish, J.

Andrew Lackey, the appellant herein, was prosecuted by information in the circuit *711court of St. Clair county for burglarizing the depot of the St. Louis & San Francisco Railroad Company, located at the town of Osceola, in said county, and for having stolen therefrom one suit of clothes, the personal property of one Roe Callón, of the value of $12.50. He was thereafter tried and by a jury found guilty of burglary in the second degree and his punishment assessed at three years in the penitentiary, and also found guilty of larceny, as charged, and his punishment assessed at two years in the…

2Cases cited12 opinions

  1. State v. BrooksSupreme Court of Missouri · 1887
  2. State v. KelsoeSupreme Court of Missouri · 1882
  3. State v. AlexanderSupreme Court of Missouri · 1874
  4. State v. NelsonSupreme Court of Missouri · 1890
  5. State v. HecoxSupreme Court of Missouri · 1884

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3Cited by35 opinions

  1. Kinard v. United StatesCourt of Appeals for the D.C. Circuit · 1938
  2. State v. FosterSupreme Court of Missouri · 1946
  3. Kreiner v. United StatesCourt of Appeals for the Second Circuit · 1926
  4. State v. ConwaySupreme Court of Missouri · 1912
  5. United States v. RhodenUnited States Court of Military Appeals · 1952

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