Legal Opinion

State v. James

Supreme Court of Missouri

Decided March 6, 1906PublishedCited by 25 opinions

Appeal from Jackson Criminal Court. — Eon. Jno. W. Wofford, Judge. (1) The State rested its case on the theory that recent possession of stolen property establishes a prima facie case of guilt against the one in possession. But the property must be sufficiently identified. Gray v. Parker, 38 Mo. 160; Kaufman v. Schilling, 58 Mo. 218 ; Mahoney v. Smith, 7 Mo.

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Appeal from Jackson Criminal Court. — Eon. Jno. W. Wofford, Judge. (1) The State rested its case on the theory that recent possession of stolen property establishes a prima facie case of guilt against the one in possession. But the property must be sufficiently identified. Gray v. Parker, 38 Mo. 160; Kaufman v. Schilling, 58 Mo. 218 ; Mahoney v. Smith, 7 Mo. App. 578. (2) Only the underwear on defendant when arrested and the pair of shoes, if the officer who beat defendant severely is believed instead of defendant, recovered from Levy, can be said to have been in the exclusive possession of…

1Opinion of the CourtFox, J.

This 'cause comes here upon appeal by the defendant from a judgment of conviction in the criminal court of Jackson county for burglary and larceny. The information upon which this judgment is predicated,.omitting formal parts, was as follows:

“Now comes Roland Hughes, prosecuting attorney for the State of Missouri in and for the body of the county of Jackson, and upon the affidavit of Jacob Louis, herewith attached and filed, informs the court, that George James and John Richards, whose Christian names in full are unknown to said prosecuting attorney, late of the county aforesaid, on the 25th…

2Cases cited18 opinions

  1. State v. HopkirkSupreme Court of Missouri · 1884
  2. State v. HowardSupreme Court of Missouri · 1893
  3. State v. WelsorSupreme Court of Missouri · 1893
  4. State v. CushenberrySupreme Court of Missouri · 1900
  5. State v. DrewSupreme Court of Missouri · 1904

13 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. State v. MaxwellMissouri Court of Appeals · 1973
  2. State v. ConwaySupreme Court of Missouri · 1912
  3. State v. HarrisSupreme Court of Missouri · 1935
  4. State v. PonthierIdaho Supreme Court · 1969
  5. State v. KelleySupreme Court of Missouri · 1907

20 more not listed; retrieve them via the Exa API.

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