Legal Opinion

State v. Nave

Supreme Court of Missouri

Decided February 16, 1918PublishedCited by 3 opinions

Appeal from Taney Circuit Court, — Hon. Fred Stewart, Judge. (1) The court erred in overruling the demurrer filed at close of State’s evidence, and at the close of all the evidence. All the evidence on the part of the State fails to show that this was the cow that belonged to Awbrey, the injured party. No witness identified this cow as being the property of Awbrey.

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Appeal from Taney Circuit Court, — Hon. Fred Stewart, Judge. (1) The court erred in overruling the demurrer filed at close of State’s evidence, and at the close of all the evidence. All the evidence on the part of the State fails to show that this was the cow that belonged to Awbrey, the injured party. No witness identified this cow as being the property of Awbrey. And further if this was the cow, the defendant honestly accounted for his possession by telling the injured party whom he got the cow from, where the party lived, and did everything an honest man could do. State' v. Bass, 251 Mo.…

1Opinion of the CourtWilliams, J.

Upon an information charging him with the larceny of one black cow, the property of one C. G. Awbrey, defendant • was tried in the circuit court of Taney County, found guilty, and his punishment assessed at two years ’ imprisonment in the penitentiary. Defendant has duly perfected an appeal.

The crime was alleged to have occurred on the 23rd clay of August, 1915.

Upon the part of the State the evidence tends to establish the following facts: ,

Prosecuting witness Awbrey lived on a farm about one mile northwest of Protem, Taney County, Missouri, and owned a black cow and a heifer, which were…

2Cases cited2 opinions

  1. State v. GoodSupreme Court of Missouri · 1896
  2. State v. LeeSupreme Court of Missouri · 1916

3Cited by3 opinions

  1. King v. PeopleSupreme Court of Colorado · 1919
  2. State v. SmithSupreme Court of Missouri · 1936
  3. State v. HartleySupreme Court of Missouri · 1919

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