Legal Opinion

State v. Gates

Supreme Court of Missouri

Decided November 19, 1895PublishedCited by 2 opinions

Appeal from Saline Criminal Court. — Hon. John E. Ryland, Judge. (1) The record recites that the motion in arrest of judgment was not offered until more than four days after judgment, and, this being true, the court very properly refused to entertain it.

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Appeal from Saline Criminal Court. — Hon. John E. Ryland, Judge. (1) The record recites that the motion in arrest of judgment was not offered until more than four days after judgment, and, this being true, the court very properly refused to entertain it. R. S. 1889, sec. 4273. (2) The testimony of Burns that defendant said, soon after he was arrested, that “he wanted to pay three prices for the pants; he wanted to know what they were worth and he was willing to pay three prices for them” was admissible for the purpose of showing that defendant admitted the ownership to be in Miller & Burns.…

1Opinion of the CourtSherwood, J.

Indicted under the provisions of section 3537, Revised Statutes, 1889, for the larceny of a pair of pants in a dwelling house, the trial of defendant resulted in a verdict of guilty of petit larceny, his punishment being assessed at thirty days in jail and a fine of $50; from judgment on this verdict he appeals.

It is shown by the testimony that J. J. Miller and E. Gr. Burns, as a partnership, were engaged as dealers in clothing and furnishing goods in the city of Slater, in'Saline county, Missouri, during the month of October, 1892, and on the nineteenth day of October, Charles Grates made an…

2Cases cited3 opinions

  1. State v. RobbSupreme Court of Missouri · 1886
  2. State v. KeelandSupreme Court of Missouri · 1886
  3. State v. BerningSupreme Court of Missouri · 1886

3Cited by2 opinions

  1. Loudenback v. Territory of OklahomaSupreme Court of Oklahoma · 1907
  2. State v. McKeeMissouri Court of Appeals · 1907

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