State v. Warford
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) Before the accused can be convicted of burglary the evidence must show affirmatively and definitely that the doors through which defendant might have entered were closed. State v. Kennedy, 16 Mo. App. •287; Lowder v. State, 63 Ala. 143; s. c., 35 Am. Rep. 9 ; Williams v. State, 52 Ga. 580. It is not sufficient to prove that it was the custom to keep the doors closed.
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Appeal from Daviess Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) Before the accused can be convicted of burglary the evidence must show affirmatively and definitely that the doors through which defendant might have entered were closed. State v. Kennedy, 16 Mo. App. •287; Lowder v. State, 63 Ala. 143; s. c., 35 Am. Rep. 9 ; Williams v. State, 52 Ga. 580. It is not sufficient to prove that it was the custom to keep the doors closed. Oreen v. State, 68 Ala. 539. (2) The saddle was not found in the exclusive possession of the defendant. Hence no presumption of guilt could arise as to him.…
1Opinion of the CourtMacfarlane, J.
Defendant and one John Webb were jointly indicted, by a grand jury of Daviess county, of the burglary and larceny of a saddle belonging to one Lewis Best. There was a dismissal as to Webb, and defendant was tried and convicted. Prom the judgment he appeals.
I. Defendant complains that the evidence of burglary was not sufficient to j ustify his conviction of that crime.
The saddle, which was the subject of thelarceny, was kept in the barn of Lewis Best, the owner. The barn was about thirty-two by forty-eight feet in dimensions, and had a driveway through it from east to west, with stables on…
2Cases cited2 opinions
- State v. CastorSupreme Court of Missouri · 1887
- State v. WheelerSupreme Court of Missouri · 1883
3Cited by29 opinions
- State v. WatsonSupreme Court of Missouri · 1961
- State v. FairlambSupreme Court of Missouri · 1894
- State v. YoungSupreme Court of Missouri · 1939
- Grantello v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909
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