State v. Clark
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (t) The first point in this case is, whether or not the house referred to is a dwelling house. There is no internal communication between the sleeping apartments above, and the ice-house below. The owner of the ice-house does not live in the rooms above. The entrance to the ice-house is upon the outside of the same, and is in no way connected with' the dwelling house.
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Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (t) The first point in this case is, whether or not the house referred to is a dwelling house. There is no internal communication between the sleeping apartments above, and the ice-house below. The owner of the ice-house does not live in the rooms above. The entrance to the ice-house is upon the outside of the same, and is in no way connected with' the dwelling house. Wharton’s Criminal Law [8 Ed.] 783; 1 Bishop on Criminal Law, 165 to 180. (2) There is a fatal variance between the allegata and probata, as to the ownership of the…
1Opinion of the CourtRay, J.
At the November term, 1885, of the circuit court of Cooper county, the defendant, John Clark, and one Straub Young, were jointly indicted for larceny committed in a dwelling house in said county. The indictment was framed upon section 1309, Revised Statutes 1879, which provides that: “ If any larceny be committed in a dwelling house, or in any boat or vessel, or in any railroad car, or by stealing from the person in the night time, the offender may be punished by imprisonment in the penitentiary not exceeding seven years.”
The indictment (omitting its formal parts), charges that, at, etc., on,…
2Cases cited2 opinions
- Lindell v. McLaughlinSupreme Court of Missouri · 1860
- State v. RamelsburgSupreme Court of Missouri · 1860
3Cited by5 opinions
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- Arnold v. StateCourt of Special Appeals of Maryland · 1969
- People v. LabbeMichigan Supreme Court · 1918