State v. Walker
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. When there is no market price for a commodity at the place of delivery, the market price at the nearest available market, less the expense of transportation and hauling, is the measure of its value at the place of delivery. Cobb v. Whitsett, 51 Mo. App. 148; Vanstone v. Hopkins, 49 Mo.
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Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. When there is no market price for a commodity at the place of delivery, the market price at the nearest available market, less the expense of transportation and hauling, is the measure of its value at the place of delivery. Cobb v. Whitsett, 51 Mo. App. 148; Vanstone v. Hopkins, 49 Mo. App. 386; Benjamin on Sales, 859; Sedgwick on Damages [8 Ed.], sec. 246. Any instruction as to petit larceny was illegal and improper, and the demurrer to the evidence should have been sustained. U. S. v. Bauscher, 7 Sup. Ct. Rep. 234; Com. v.…
1Opinion of the CourtGantt, P. J.
Defendant was indicted at the August term, 1891, of the circuit court of Scotland county, for grand larceny. He was apprehended in Iowa and returned to this state on a requisition of the *469governor. He was tried at the August term, 1893, and convicted and sentenced to the penitentiary for two years.
I. The record shows no arraignment, and the cause must he reversed and remanded.
It would he well if prosecuting attorneys would examine the transcripts in all criminal cases and see that this error does not occur again.
II. There was no error in proving the actual value of the hrood sows alleged to…
2Cases cited2 opinions
- Lascelles v. StateSupreme Court of Georgia · 1892
- State v. PattersonSupreme Court of Missouri · 1893
3Cited by11 opinions
- State v. DaegeleSupreme Court of Missouri · 1957
- State v. MaggardSupreme Court of Missouri · 1901
- State v. O'KelleySupreme Court of Missouri · 1914
- Stern v. United States. Giordano v. United StatesCourt of Appeals for the Sixth Circuit · 1953
- State v. HopperSupreme Court of Missouri · 1898
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