State v. Peebles
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — G. A. Anthony, Judge. (1) In burglary there must be a breaking and «orne proof of an actual entry. Kelley, Crim. Law, (1 Ed.), secs. 74, 76 and 78. (a) There must be a breaking and entering with intent to steal. State v. Gyrrell, 98 Mo. 354; State v. Hutchinson, 111 Mo. 257; State v. Meerchouse, 34 Mo. 344. (b) There is no evidence in this case of a breaking. State v. King, 174 Mo. 647; State v. Phillips, 49 Mo.
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Appeal from Atchison Circuit Court. — G. A. Anthony, Judge. (1) In burglary there must be a breaking and «orne proof of an actual entry. Kelley, Crim. Law, (1 Ed.), secs. 74, 76 and 78. (a) There must be a breaking and entering with intent to steal. State v. Gyrrell, 98 Mo. 354; State v. Hutchinson, 111 Mo. 257; State v. Meerchouse, 34 Mo. 344. (b) There is no evidence in this case of a breaking. State v. King, 174 Mo. 647; State v. Phillips, 49 Mo. App. 325. (2) The information is bad in this: (a) It charges the burglary of one building and the larceny from another building. The proof shows…
1Opinion of the CourtBurgess, J.
At the May term, 1903, of the Atchison Circuit Court, the prosecuting attorney of said county filed in said court an information charging the defendants Peebles and York jointly with having feloniously and burglariously broken into and entered a certain warehouse, situate in said county, and belonging to one James E. Hall and Aggie Eickards and Eliza Eickards, in which there were divers goods, wares and merchandise and valuable things then and there kept for sale, with the feloniousJntent to burglariously steal, and did steal, take and carry away fifteen sacks of flour •of the value of…
2Cases cited3 opinions
- Leslie v. StateSupreme Court of Florida · 1895
- State v. EmmonsSupreme Court of Iowa · 1887
- Winslow v. StateNebraska Supreme Court · 1889
3Cited by9 opinions
- State v. . AllenSupreme Court of North Carolina · 1923
- State v. WhitakerSupreme Court of Missouri · 1955
- State v. WatsonSupreme Court of Missouri · 1964
- Obermeyer v. Logeman Chair Manufacturing Co.Missouri Court of Appeals · 1906
- Obermeyer v. Logeman Chair Manufacturing Co.Supreme Court of Missouri · 1910
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