Legal Opinion

State v. Horned

Supreme Court of Missouri

Decided November 17, 1903PublishedCited by 14 opinions

Appeal from St. Francois Circuit Court. — How. B. A. Anthony, Judge. “As nothing is left to intendment, the defendant is •entitled to know whether the State intends to show ownership in a firm composed of individuals or in'a corporation.”

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Appeal from St. Francois Circuit Court. — How. B. A. Anthony, Judge. “As nothing is left to intendment, the defendant is •entitled to know whether the State intends to show ownership in a firm composed of individuals or in'a corporation.” State v. Jones, 168 Mo. 402. As the information in this case fails to allege whether the depot charged to have been burglarized was the property of a corporation or of a co-partnership, it would seem that the judgment will have to be reversed and the cause remanded.

1Opinion of the CourtFox, J.

Appellant was convicted in the circuit court of St. Francois county of burglary and larceny and his punishment assessed at imprisonment in the penitentiary for three years; from this judgment, he appeals.

Appellant failed to file any bill of exceptions in this cause; hence, if there were any errors in the trial, they *60have not been preserved in proper form, and there is nothing for review in this cause before this court except the record proper.

Appellant has not favored this court with a brief or even an assignment of errors, suggesting, in any particular, any fatal defect in the record before…

2Cases cited4 opinions

  1. Wallace v. PeopleIllinois Supreme Court · 1872
  2. McCowan v. StateSupreme Court of Arkansas · 1893
  3. State v. MeadSupreme Court of Vermont · 1855
  4. State v. PattersonSupreme Court of Missouri · 1900

3Cited by14 opinions

  1. State v. JamesSupreme Court of Missouri · 1906
  2. State v. KnowlesSupreme Court of Missouri · 1904
  3. State v. KelleySupreme Court of Missouri · 1907
  4. Burnes v. StateSupreme Court of Florida · 1925
  5. State v. CarrollSupreme Court of Missouri · 1908

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