State v. Crooke
Missouri Court of Appeals
Appeal from Carroll County Circuit Court. — Hon. John P. Butler, Judge. (1) The court had no more right to instruct the jury to convict the defendant unless he accounted for the possession of the property, than to convict unless he established his alibi, in other Avords, the court had no right to instruct the jury to ignore either of these defenses and it Avas as much of a misdirection to instruct the jury to ignore the evidence of alibi and convict defendant unless he…
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Appeal from Carroll County Circuit Court. — Hon. John P. Butler, Judge. (1) The court had no more right to instruct the jury to convict the defendant unless he accounted for the possession of the property, than to convict unless he established his alibi, in other Avords, the court had no right to instruct the jury to ignore either of these defenses and it Avas as much of a misdirection to instruct the jury to ignore the evidence of alibi and convict defendant unless he accounted for the possession as it Avould have been to peremptorily instruct the jury to ignore the other defenses or all…
1Opinion of the CourtEllison, J.
The defendant was charged with burglary by breaking into a barn and stealing a double set of harness, on July 5, 1906. He was convicted of petit larceny and appealed to this court.
The only evidence for the State, of any substance, was in showing that the harness was missing from the barn of the prosecuting witness in Carroll county, in the central part of the State of Missouri, and that recently thereafter it was found in defendant’s possession in the interior of Kansas, about one hundred and thirty miles from Kansas City. The law is that possession of stolen property recently after the theft…
2Cases cited3 opinions
- State v. SidneySupreme Court of Missouri · 1881
- State v. WalkerSupreme Court of Missouri · 1906
- State v. NorthSupreme Court of Missouri · 1888