Legal Opinion

State v. Copeman

Supreme Court of Missouri

Decided January 31, 1905PublishedCited by 10 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) The testimony for the State proves, if anything, a violation of section 2213, Eevised Statutes 1899. This section repeals and abrogates the common law or constructive larceny when applied to a case as at bar, and makes the obtaining of property by means of “fraud and deception” a substantive and distinct offense.

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Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) The testimony for the State proves, if anything, a violation of section 2213, Eevised Statutes 1899. This section repeals and abrogates the common law or constructive larceny when applied to a case as at bar, and makes the obtaining of property by means of “fraud and deception” a substantive and distinct offense. The defendant was indicted under section 1898, Eevised Statutes 1899, for grand larceny. The proof tended to show him guilty, if at all, of an entirely different offense, namely, that set forth in section…

1Opinion of the CourtFox, J.

— The defendant, Charles Copeman, and one Riley W. Wilson were indicted by the grand jury of the city of St. Louis at the December term thereof, 1903, for the crime of grand larceny, they being charged with the felonious theft of forty-five dollars from one Fred G-illander, on or about the seventh day of November, 1903, at the city of St. Louis.

The defendants charged were arrested and entered their pleas of not guilty, after which a severance was called for and the State elected to try Copeman first.

On the twelfth day of February, 1904, this defendant was placed upon trial, which resulted in…

2Cases cited3 opinions

  1. Loomis v. . PeopleNew York Court of Appeals · 1876
  2. State v. VickeryTexas Supreme Court · 1857
  3. State v. MurphyMissouri Court of Appeals · 1901

3Cited by10 opinions

  1. State v. CrowSupreme Court of Missouri · 1972
  2. State v. KoskySupreme Court of Missouri · 1905
  3. State v. HartwellSupreme Court of Missouri · 1956
  4. State v. JacksonSupreme Court of Missouri · 1967
  5. Foster v. StateMississippi Supreme Court · 1920

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