State v. Williams
Supreme Court of Missouri
Appeal from Dunlclin Cireidt Court. — Hon. John Gr. Wear, Judge. . (1) It is well settled that where the intent with which an act is done is material, the defendant may testify as to the intent with which he did the act. State v. Palmer, 88 Mo. 568, 573; State v. Banks, 73 Mo. 592; Vansielcle v. Brown, 68 Mo. 634; State v. Tate, 12 Mo. App. 327; Thaeher v. Phinney, 7 Allen (Mass.) 146 ; Wharton on Crim.
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Appeal from Dunlclin Cireidt Court. — Hon. John Gr. Wear, Judge. . (1) It is well settled that where the intent with which an act is done is material, the defendant may testify as to the intent with which he did the act. State v. Palmer, 88 Mo. 568, 573; State v. Banks, 73 Mo. 592; Vansielcle v. Brown, 68 Mo. 634; State v. Tate, 12 Mo. App. 327; Thaeher v. Phinney, 7 Allen (Mass.) 146 ; Wharton on Crim. Evid., sec. 431; Thurston v. Cornell, 38 N. Y. 281, 287. (2) The testimony fails to establish a felonious taking. The facts proven tend only to establish a trespass; that the defendant acted…
1Opinion of the CourtNorton, C. J.
Defendant was indicted by the grand jury of Dunklin county and charged with grand larceny in stealing a cow, the property of one William Rambou. He was tried and convicted and from the judgment of conviction has appealed to this court.
The evidence tended to show that Rambou had a cow in a lot on the farm of defendant, and about sunrise defendant, accompanied by his brother, took the cow from said lot and removed her to another lot on his farm on a public road where she remained a day or two, and was then removed and tied in the woods ; that defendant at the time of the taking told his brother…
2Cases cited2 opinions
- State v. PalmerSupreme Court of Missouri · 1886
- State v. BanksSupreme Court of Missouri · 1881
3Cited by5 opinions
- Moyers v. StateSupreme Court of Georgia · 1938
- Vaughan v. LyttonSupreme Court of Virginia · 1920
- McIntosh v. StateMissouri Court of Appeals · 1977
- Morissette v. United StatesCourt of Appeals for the Sixth Circuit · 1951
- Morissette v. United StatesCourt of Appeals for the Sixth Circuit · 1951