State v. Gennusa
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Ho». Ralph 8. Latshaw, Judge. . Defendant having bought and received the cigars in question from Sol Guthrie, who was lawfully in possession thereof as the agent and servant of the Kansas City Transfer Company, his offense, if any, was that of having received embezzled property, knowing' the same to have been embezzled, and his conviction for receiving stolen property, knowing the same to have been stolen, cannot- stand.
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Appeal from Jackson Criminal Court. — Ho». Ralph 8. Latshaw, Judge. . Defendant having bought and received the cigars in question from Sol Guthrie, who was lawfully in possession thereof as the agent and servant of the Kansas City Transfer Company, his offense, if any, was that of having received embezzled property, knowing' the same to have been embezzled, and his conviction for receiving stolen property, knowing the same to have been stolen, cannot- stand. State v. Casey, 207 Mo. 1; State v. Fink, 186 Mo. 50; State v. Coster, 170 Mo. App. 539.
1Opinion of the Court
BROWN, J. —
Defendant was tried and convicted in the criminal court of Jackson county of the crime of receiving stolen goods, and appeals. The specific charge is that he received three cases of cigars of the value of $74, the property of the Kansas City Transfer Company, knowing said cigars to have been stolen.
There is no evidence that the cigars were in fact stolen. The testimony for the State strongly tends to prove that the Kansas City Transfer Company intentionally committed them to the possession of Sol. Guthrie, one of its teamsters, with instructions to deliver them to the Frisco…
2Cases cited3 opinions
- State v. FinkSupreme Court of Missouri · 1905
- State v. CaseySupreme Court of Missouri · 1907
- State v. CosterMissouri Court of Appeals · 1913
3Cited by4 opinions
- People v. KunkinCalifornia Supreme Court · 1973
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- State v. BrightSupreme Court of Missouri · 1954
- State v. GeorgeSupreme Court of Missouri · 1915