State v. Miller
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Leo S. Bassieur, Judge. (1) The sole issue submitted to the jury was that of removing and concealing mortgaged property, the issue of disposing of mortgaged property having been eliminated from their consideration.
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Appeal from St. Louis City Circuit Court. — Hon. Leo S. Bassieur, Judge. (1) The sole issue submitted to the jury was that of removing and concealing mortgaged property, the issue of disposing of mortgaged property having been eliminated from their consideration. Consequently,.the verdict — finding defendant guilty of disposing of chattels mortgaged — is not responsive to the issue, and cannot therefore sustain the judgment. 2 Bishop’s New Criminal Procedure (2 Ed.), sec. 1005; 8 Words and Phrases, pp. 7293-95; State v. Rowe, 142 Mo. 442; State v. Pierce, 136 Mo. 40; State v. Harmon, 106 Mo.…
1Opinion of the CourtFaris, J.
Defendant, convicted' in the circuit court of the city of St. Louis for a violation of section 4570, Revised Statutes 1909, for that, as it was charged, he had removed and concealed certain mortgaged chattels, and his punishment having been by a jury assessed at imprisonment in the penitentiary for a term of two years, has, after the usual motions for a new trial and in arrest, appealed.
Since in our view the disposition of the case here will turn upon questions of law applied to the record in the case rather than to the substantive facts shown in evidence and going to make up the evidentiary…
2Cases cited10 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- State v. DeWittSupreme Court of Missouri · 1905
- State v. NieuhausSupreme Court of Missouri · 1909
- State v. PierceSupreme Court of Missouri · 1896
- State v. KingSupreme Court of Missouri · 1883
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3Cited by9 opinions
- State v. DimmickSupreme Court of Missouri · 1932
- State v. JordanSupreme Court of Missouri · 1920
- State v. RosegrantSupreme Court of Missouri · 1936
- State v. PaceSupreme Court of Missouri · 1917
- State v. BurnsSupreme Court of Missouri · 1915
4 more not listed; retrieve them via the Exa API.