State v. Schilb
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Ron. T. B. Bobinsont Judge. (1) The court erred in giving instructions four and five, asked by tbe State. They wholly omit to require tbe jury to find any fraudulent or felonious intent on tbe part of defendant, and are similar to an instruction recently condemned by this court. State v. Cunningham, 55 S. W. 282. Tbe fifth instruction is further objectionable for referring tbe jury to tbe indictment for some of tbe issues in tbe case.
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Appeal from Cooper Circuit Court. — Ron. T. B. Bobinsont Judge. (1) The court erred in giving instructions four and five, asked by tbe State. They wholly omit to require tbe jury to find any fraudulent or felonious intent on tbe part of defendant, and are similar to an instruction recently condemned by this court. State v. Cunningham, 55 S. W. 282. Tbe fifth instruction is further objectionable for referring tbe jury to tbe indictment for some of tbe issues in tbe case. (2) There was certainly evidence tending to show that tbe notes described in tbe indictment were made at defendant’s request…
1Opinion of the CourtBurgess, J.
At the January term, 1900, of the circuit court of Oooper county, defendant was convicted of the crime of embezzlement under an indictment theretofore preferred by the grand jury of said county.
There were three counts in the indictment, but the first count was dismissed by the State. In the second count the defendant is charged with the embezzlement of $40 in money, which are alleged to have come into his possession as the agent of one Harrison C. Harris. The third count charges him with the embezzlement of a note for $100, payable to the order of defendant Frederick X. Sehilb, and signed by…
2Cases cited4 opinions
- State v. NolandSupreme Court of Missouri · 1892
- State v. DodsonSupreme Court of Missouri · 1880
- State v. CunninghamSupreme Court of Missouri · 1900
- State v. CrosswhiteSupreme Court of Missouri · 1895
3Cited by8 opinions
- State v. BurgessSupreme Court of Missouri · 1916
- State v. CastletonSupreme Court of Missouri · 1914
- State v. RigallSupreme Court of Missouri · 1902
- Farmers State Bank v. Title, Guaranty & Trust Co.Missouri Court of Appeals · 1908
- State v. WhiteSupreme Court of Missouri · 1911
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