State v. Rigall
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon, Jos, D. Perkins. , Judge. (1) The court erred in not requiring the State to elect upon which transaction it would ask the jury to convict They were.separate and distinct transactions. The. two hundred dollars was given by the prosecuting witness in Illinois. The eight hundred dollars was sent to the prosecuting witness’s son at Joplin, Missouri, and by him delivered to' the defendant.
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Appeal from Jasper Circuit Court. — Hon, Jos, D. Perkins. , Judge. (1) The court erred in not requiring the State to elect upon which transaction it would ask the jury to convict They were.separate and distinct transactions. The. two hundred dollars was given by the prosecuting witness in Illinois. The eight hundred dollars was sent to the prosecuting witness’s son at Joplin, Missouri, and by him delivered to' the defendant. There was but one count in the indictment, and there being separate and distinct transactions one of which defendant claimed had been fully settled, and when defendant…
1Opinion of the CourtBurgess, J.
— From a conviction in the circuit court •of' Jasper county, un'der an indictment charging' him with the embezzlement of seven hundred and fifty dollars, the moneys of one O. M. Leftcovich, and fixing his punishment at two years’ imprisonment in the state -penitentiary, defendant, after an unavailing motion for a new trial, appeals.
It appeared from the evidence that there were two or three different moneyed transactions between Mrs. Leftcovich and defendant before the finding of the indictment against him, by which her moneys passed into his hands, and the record shows that after the evidence…
2Cases cited7 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Bateson v. ClarkSupreme Court of Missouri · 1865
- State v. NolandSupreme Court of Missouri · 1892
- State v. CunninghamSupreme Court of Missouri · 1900
- People v. WadsworthMichigan Supreme Court · 1886
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3Cited by5 opinions
- Lewis v. StateSupreme Court of Florida · 1908
- State v. RosegrantSupreme Court of Missouri · 1936
- State v. PateSupreme Court of Missouri · 1916
- State v. WhiteSupreme Court of Missouri · 1911
- Davison v. Alaska Banking Co.District Court, D. Alaska · 1917