State v. Campbell
Supreme Court of Missouri
Appeal from N&ioton Circuit Court. — Hon. Joseph Cbavens, Judge. Instructions 1 and 2 do not contain all of the elements of grand larceny. They should have told the jury that the taking of the cow must have been wrongful or with a felonious intent. State v. Moore, 101 Mo. 316, and cases cited. The motion for a new trial should have been sustained.
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Appeal from N&ioton Circuit Court. — Hon. Joseph Cbavens, Judge. Instructions 1 and 2 do not contain all of the elements of grand larceny. They should have told the jury that the taking of the cow must have been wrongful or with a felonious intent. State v. Moore, 101 Mo. 316, and cases cited. The motion for a new trial should have been sustained. The newly discovered evidence would probably change the result of the trial, and the defendant was guilty of no laches, only becoming aware of such evidence after trial. State v. Wheeler, 94 Mo. 252; State v. Bailey, 94 Mo. 311; State v. Mu/rray, 91…
1Opinion of the CourtShebwood, J.
Indicted under the provisions of section 3535, Revised Statutes, 1889, for stealing the cow of Valentine Rogers, in Barry county, the defendant on her change of venue to Newton county was convicted of the theft, and, sentence having been passed upon and judgment entered against her, she appeals to this court.
I. Complaint is made that the two instructions given at the instance of the state are erroneous; but we cannot notice the instructions because they have not been incorporated in the bill of exceptions, nor does the bill of exceptions contain a direction to the clerk to copy the same, etc.…
2Cases cited2 opinions
- State v. WelsorSupreme Court of Missouri · 1893
- State v. McLaughlinSupreme Court of Missouri · 1858
3Cited by12 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- State v. FischerSupreme Court of Missouri · 1894
- Gordon v. StateSupreme Court of Florida · 1923
- Draper v. TaylorNebraska Supreme Court · 1899
- State v. NettlesSupreme Court of Missouri · 1900
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