State v. Counts
Supreme Court of Missouri
Appeal, from Shannon. Circuit Court. — Eon. W. A. Evans, Judge. (1) The court erred in refusing to give defendant’s peremptory instruction offered at the close of the evidence for both State and defendant. There is no evidence that the hogs killed and carried away by the defendant were the property of the prosecuting witness. Criminal intent is the principal element of the offense of larceny, whether the offense be grand or petit larceny.
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Appeal, from Shannon. Circuit Court. — Eon. W. A. Evans, Judge. (1) The court erred in refusing to give defendant’s peremptory instruction offered at the close of the evidence for both State and defendant. There is no evidence that the hogs killed and carried away by the defendant were the property of the prosecuting witness. Criminal intent is the principal element of the offense of larceny, whether the offense be grand or petit larceny. It is often difficult to draw the line between theft and mere unlawful conversion. If one takes property of another and converts it to his own use, but…
1Opinion of the Court
FERRISS;, J.
— On January 15, 1910, the prosecuting attorney of Shannon county filed an information in the circuit court of said county charging the defendant, together with John, Tucker and Arvy Counts, with feloniously stealing, taking and carrying away four hogs, the property of J. C. Ferguson. Upon application of the defendant, a severance was granted, and he was tried separately, found guilty as charged, and sentenced to two years in the penitentiary.
The State introduced evidence tending to show that J. C. Ferguson, the prosecuting witness, owned ten hogs which he allowed to run at large…
2Cited by5 opinions
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- State v. LeeSupreme Court of Missouri · 1916
- State v. EklofSupreme Court of Missouri · 1928
- State v. RutledgeSupreme Court of Missouri · 1924
- State v. HartleySupreme Court of Missouri · 1919