State v. Richmond
Supreme Court of Missouri
Appeal from Carter Circuit Court. — Hon. W. N. Evans, Judge. (1) The first instruction given on belialf of tlie State failed to properly define tlie crime of larceny. To constitute tlie crime of larceny, the taking must be without the consent of the owner, and the jury should be so instructed.
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Appeal from Carter Circuit Court. — Hon. W. N. Evans, Judge. (1) The first instruction given on belialf of tlie State failed to properly define tlie crime of larceny. To constitute tlie crime of larceny, the taking must be without the consent of the owner, and the jury should be so instructed. State v. Gray, 37 Mo. 463; State v. Shermer, 55 Mo. 83; State v. Lackland, 136 Mo. 26; State v. Ware, 62 Mo. 602; State v. Moore, 101 Mo. 316; State v. Rutherford, 152 Mo. 124; State v. Littrell, 170 Mo. 13; State v. Waller, 174 Mo. 518; 2 Bishop’s New Crim. Law, sec. 811. (2) There being no evidence…
1Opinion of the CourtGantt, P. J.
On the 18th of August, 1909, the prosecuting attorney of Carter county filed in the office of the clerk of the circuit court of said county, an information charging the defendant with larceny of a certain roan mare, the property of Steve Southner.
At the September term, 1909, of the said court, the defendant was duly arraigned and entered his plea of not guilty and was put upon his trial before a jury duly impaneled, srworn and charged, and was convicted, and his punishment assessed at three years in the *364penitentiary. In dne time he filed his motion for a new trial, which was by the court…
2Cases cited3 opinions
- Hughes v. Territory of OklahomaSupreme Court of Oklahoma · 1899
- State v. LittrellSupreme Court of Missouri · 1902
- State v. WallerSupreme Court of Missouri · 1903
3Cited by9 opinions
- Hite v. United StatesCourt of Appeals for the Tenth Circuit · 1948
- State v. LabellaMississippi Supreme Court · 1970
- State v. MilesSupreme Court of Missouri · 1967
- State v. TiptonSupreme Court of Missouri · 1925
- Thompson v. United StatesCourt of Appeals for the Second Circuit · 1919
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