State v. Weber
Supreme Court of Missouri
Appeal from Dent. Circuit Court. — Eon. L. B. Woodside, Judge. (1) There is no evidence that the property, which the .indictment pretends to- charge the defendant with stealing, was of any value whatever at the time the same is charged to have been taken. There must be some value proven at the time of the taking of the property or a conviction can not stand.
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Appeal from Dent. Circuit Court. — Eon. L. B. Woodside, Judge. (1) There is no evidence that the property, which the .indictment pretends to- charge the defendant with stealing, was of any value whatever at the time the same is charged to have been taken. There must be some value proven at the time of the taking of the property or a conviction can not stand. State v. Krieger, 68 Mo. 98. (2) The evidence does not- show -that the building mentioned in the indictment was a dwelling 'house as contemplated by the law in such cases. Sec. 3512, R. S. 1889, in describing and defining a dwelling…
1Opinion of the CourtBurgess, J.
At the October term, 1899, of the Dent Circuit Court, the defendant was indicted and convicted of burglary and larceny, and his punishment for the burglary fixed at three years’ imprisonment in the penitentiary, and for the larceny at two years’ imprisonment in the penitentiary.
After unsuccessful motions for a new trial and in arrest, defendant appeals.
The house into which defendant was convicted of breaking, was a small log house about fifteen or sixteen feet square, and was located in the woodland of one- Alexander Murry in Dent county. It had no flue or fireplace, but had one window, which…
2Cases cited5 opinions
- State v. BrownSupreme Court of Missouri · 1882
- State v. ButterfieldSupreme Court of Missouri · 1882
- State v. KriegerSupreme Court of Missouri · 1878
- State v. SharpSupreme Court of Missouri · 1891
- Callahan v. StateTexas Supreme Court · 1874
3Cited by2 opinions
- Moore v. StateAlabama Court of Appeals · 1950
- Kellick v. WyrickDistrict Court, E.D. Missouri · 1977