State v. Taylor
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Row. E. R. Mc-Keef Judge. (1) It is necessary in this case to show two intents — the intent to commit burglary, and the ulterior intent to commit a felony. 1 Bishop, Or. Law (4 Ed.), secs. 427, 667; Roscoe’s Crim. Evidence (6 Am. Ed.), 345; 2 Am. and Eng. Ency.
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Appeal from Scotland Circuit Court. — Row. E. R. Mc-Keef Judge. (1) It is necessary in this case to show two intents — the intent to commit burglary, and the ulterior intent to commit a felony. 1 Bishop, Or. Law (4 Ed.), secs. 427, 667; Roscoe’s Crim. Evidence (6 Am. Ed.), 345; 2 Am. and Eng. Ency. Law (1 Ed.), 690; State v. Crawford, 46 L. R. A. 312.' And if the intent at the time of the breaking was only to commit a misdemean- or, defendant cannot be held for burglary, even though a felony should be committed therein. Com. v. Newell, 7 Mass. 247; Rex v. Dobb, 2 East P. C. 513; 1 Hale P. C.…
1Opinion of the CourtFox, J.
— On the fifteenth day of November, 1902, John M. Doran, prosecuting attorney of Scotland county, filed an information against John Taylor, charging him with burglary, in that he feloniously and burglariously broke into and entered a building of one D. A. Frazee, the same being used and occupied by the said Frazee as a stable, by breaking through the side of said stable, the same being a building in which divers goods, wares, merchandise and valuable things were then and there kept and deposited, with intent, a certain horse then and there being in said stable, which said horse was the…
2Cases cited4 opinions
- State v. HambletonSupreme Court of Missouri · 1856
- State v. NicholsonSupreme Court of Missouri · 1893
- State v. CliftonSupreme Court of Missouri · 1857
- State v. NicholsonMissouri Court of Appeals · 1894
3Cited by3 opinions
- State v. PraterMissouri Court of Appeals · 1908
- State ex rel. Gaston v. ShieldsSupreme Court of Missouri · 1910
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911