State v. Ebbeler
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Charles B. Davis, Judge. (1) Prejudicial error was committed in the instruction stating that the defendant had knowledge that the car was stolen if a reasonably prudent and cautious man ■ would have known, under the same circumstances, that it was stolen. Kasle v. United States, 147 C. C. A. 561; Peterson v. United States, 130 C. C. A. 400; Konda v. United States, 166 Fed. 93; Case Note, 22 LR.
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Appeal from St. Louis City Circuit Court. — Hon. Charles B. Davis, Judge. (1) Prejudicial error was committed in the instruction stating that the defendant had knowledge that the car was stolen if a reasonably prudent and cautious man ■ would have known, under the same circumstances, that it was stolen. Kasle v. United States, 147 C. C. A. 561; Peterson v. United States, 130 C. C. A. 400; Konda v. United States, 166 Fed. 93; Case Note, 22 LR. A. (N. S.) p. 833. (2) The instruction defining the offense of receiving was erroneous in failing to require a criminal intent. 1 Bishop’s New Cr. Law.…
1Opinion of the CourtWilliams, P. J.
Upon an indictment charging him with receiving a stolen automobile, knowing the same to have been stolen, defendant was convicted in the Circuit Court of the City of St. Louis and his punishment fixed at two years’ imprisonment.
In appellant’s brief no point is raised as to the sufficiency of the evidence. Only two errors are assigned, and they have to do with the giving of instructions. Such facts as are necessary to an understanding of the issues presented will be stated in the course of the opinion.
I. The court’s Instruction No. 2 which is attacked by appellant is as follows:
Knowledge,
“By…
2Cases cited14 opinions
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- Peterson v. United StatesCourt of Appeals for the Ninth Circuit · 1914
- Robinson v. StateIndiana Supreme Court · 1882
- State v. RichmondSupreme Court of Missouri · 1905
- State v. KoskySupreme Court of Missouri · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. HarrisSupreme Court of Missouri · 1958
- State Ex Inf. McKittrick v. GravesSupreme Court of Missouri · 1940
- State v. TaylorSupreme Court of Missouri · 1968
- People v. NavarroAppellate Division of the Superior Court of California · 1979
- State v. AschenbrennerOregon Supreme Court · 1943
3 more not listed; retrieve them via the Exa API.