State v. Murphy
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction. — Hon. Willis H. Clark, Judge. STATEMENT OF THE CASE. The defendant was tried and convicted of petit larceny in the St. Louis Court of Criminal Correction. After an unavailing motion for new trial defendant duly appealed. The errors assigned are that the evidence is insufficient to warrant the conviction and that the court erred in excluding competent evidence offered by the defendant.
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Appeal from St. Louis Court of Criminal Correction. — Hon. Willis H. Clark, Judge. STATEMENT OF THE CASE. The defendant was tried and convicted of petit larceny in the St. Louis Court of Criminal Correction. After an unavailing motion for new trial defendant duly appealed. The errors assigned are that the evidence is insufficient to warrant the conviction and that the court erred in excluding competent evidence offered by the defendant. The evidence of the prosecuting witness in chief is, as follows: James Trautman, being duly sworn, testified: “Q. Do you know the defendant? “A. ' Yes. “Q.…
1Opinion of the CourtBland, P. J.
Larceny has been defined as the felonious taking of the personal goods of another with the intent on the part of the thief to convert them - to his own use. That defendant took the money of Trautman and converted it to his own use is not left in doubt from the evidence. Whether he stole it or won it on a game of chance may be a. debatable question. The trier of the fact, however, found that he stole it, that is, that he got possession of it by a trick and fraud with the felonious intent to keep it and did keep it and there is substantial evidence to support this finding, hence this court will…
2Cases cited5 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- State v. MartinSupreme Court of Missouri · 1894
- State v. HodgesSupreme Court of Missouri · 1898
- Bank of Pleasant Hill v. WillsSupreme Court of Missouri · 1883
- Missouri v. RagsdaleMissouri Court of Appeals · 1894
3Cited by6 opinions
- Ashby v. Elsberry & New Hope Gravel Road Co.Missouri Court of Appeals · 1905
- State v. CopemanSupreme Court of Missouri · 1905
- State v. BuckSupreme Court of Missouri · 1905
- Louis v. LouisMissouri Court of Appeals · 1908
- Currey v. Joplin Savings BankMissouri Court of Appeals · 1903
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