Legal Opinion

State v. Castor

Supreme Court of Missouri

Decided October 15, 1887PublishedCited by 27 opinions

Appeal from Daviess Circuit .Court, — Hon. 0, H. S. Goodman, Judge. (1) The indictment is drawn under section 1309, Revised Statutes, and properly charges a larceny from a dwelling-house. Under this section the offence- is complete without reference to the value of the property stolen. State v. Kennedy, 88 Mo. 341, and cases cited.

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Appeal from Daviess Circuit .Court, — Hon. 0, H. S. Goodman, Judge. (1) The indictment is drawn under section 1309, Revised Statutes, and properly charges a larceny from a dwelling-house. Under this section the offence- is complete without reference to the value of the property stolen. State v. Kennedy, 88 Mo. 341, and cases cited. (2) The slightest removal, with intent to convert to the taker’s own use, is sufficient to constitute a larcenous caption and asportation within the meaning of the statute. State v. Higgins, 88 Mo. 354. (8) The instructions given covered every phase of the case…

1Opinion of the CourtSherwood, J.

In March, 1884, the defendant hired himself to one Taylor Webb, as a farm-hand, for one hundred and seventy dollars per year, board, washing, and lodging. The house consisted of two rooms, a sitting-room, in which Webb, wife and child slept, and a kitchen, and in the latter the defendant slept. His trunk, a common, cheap affair, with a lock to match, was kept in the family sitting-room. This trunk was-easily locked and unlocked by the key of the cupboard, which sometimes was in the cupboard-lock and sometimes lying loose about the house, which stood on a public road and near a church. In the…

2Cases cited1 opinion

  1. State v. WilliamsSupreme Court of Missouri · 1873

3Cited by27 opinions

  1. State v. JonesSupreme Court of Missouri · 1924
  2. Grantello v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  3. Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909
  4. State v. DrewSupreme Court of Missouri · 1904
  5. State v. MooreSupreme Court of Missouri · 1890

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