State v. Murphy
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The demurrer to the evidence interposed by defendant at the close of plaintiff’s case should have been sustained. The evidence was not sufficient to warrant a conviction. State v. Jones, 106 Mo. 313. (2) No conviction of grand larceny can be had unless the property stolen is of the value of $30. The value must be shown.
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Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The demurrer to the evidence interposed by defendant at the close of plaintiff’s case should have been sustained. The evidence was not sufficient to warrant a conviction. State v. Jones, 106 Mo. 313. (2) No conviction of grand larceny can be had unless the property stolen is of the value of $30. The value must be shown. Lowry, by a guess, fixes the amount stolen at $29.35. He could not place any value on the ■ cheek. If defendant is guilty of any crime, it is petit larceny. R. S. 1889, sec. 3535; State v. Krieger, 68 Mo. 98.…
1Opinion of the CourtBubgess, J.
— At the November term, 1896, of the circuit court of Yernon county, Missouri, the defendant was indicted by the grand jury of said county and charged with burglary in the second degree, and grand larceny. He was put upon trial at the same term of said court and acquitted of the burglary, but convicted of grand larceny, and his punishment fixed at two years’ imprisonment in the penitentiary. From the judgment of conviction and sentence he appeals.
With respect to the larceny the indictment charges that the defendant did “two five dollar bills of paper currency of good and lawful money of the…
2Cases cited3 opinions
- State v. StoweSupreme Court of Missouri · 1896
- State v. KruegerSupreme Court of Missouri · 1896
- State v. BarbeeSupreme Court of Missouri · 1896
3Cited by11 opinions
- State v. HydeSupreme Court of Missouri · 1911
- Felkner v. StateCourt of Appeals of Maryland · 1958
- State v. WellmanSupreme Court of Missouri · 1913
- State v. EnochsSupreme Court of Missouri · 1936
- State v. HookMissouri Court of Appeals · 1968
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