State v. Thompson
Supreme Court of Missouri
Appeal from, Hannibal Court of Common Pleas. — Hon. Reuben F. Roy, Judge. (1) The indictment given and the verdict as found by the jury showed the defendant to be convicted of embezzlement and not larceny of the money; there being absolutely no evidence in support of a finding for larceny.
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Appeal from, Hannibal Court of Common Pleas. — Hon. Reuben F. Roy, Judge. (1) The indictment given and the verdict as found by the jury showed the defendant to be convicted of embezzlement and not larceny of the money; there being absolutely no evidence in support of a finding for larceny. The question then arises will an indictment of this character support such a finding, and were instructions on the question of embezzlement warranted ? If we are to follow the provisions of section 3947, Revised Statutes 1889, the right to do so can not be questioned. Defendant in his motion in arrest of…
1Opinion of the CourtBurgess, J.
The defendant was convicted in the Hannibal Court of Common Pleas of embezzlement, *316and his punishment fixed at three years’ imprisonment in the penitentiary, under a count in an indictment charging him with grand larceny. He appealed.
There were two counts in the indictment. The first was for grand larceny and the second for embezzlement. The second count was dismissed.- The first count, under which the conviction was had, charged that defendant, on the seventeenth day of September, 1895, in Mason township in the county of Marion and State of Missouri, did then and there $300 in lawful money…
Also in this document: Concurrence.
2Cases cited9 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- State v. AbleSupreme Court of Missouri · 1877
- v. MeeksSupreme Court of Missouri · 1885
- State v. PorterSupreme Court of Missouri · 1858
- State v. BroderickMissouri Court of Appeals · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Achenbach v. KincaidIdaho Supreme Court · 1914
- In re KesslerIdaho Supreme Court · 1915
- State v. BaskowitzSupreme Court of Missouri · 1913
- State ex rel. Garesche v. RoachSupreme Court of Missouri · 1914
- State v. BuenteSupreme Court of Missouri · 1914
4 more not listed; retrieve them via the Exa API.