State v. Hall
Supreme Court of Missouri
Appeal from Jackson Criminal Court.—Hon. H. P. White, Judge, It is alleged the instrument stolen was a deed. There can be no deed without a grantee, and there is no sufficient description of the instrument. State v. Kroeger, 47 Mo. 530 ; State v. Fay, 65 Mo. 490 ; State v. Page, 19 Mo. 213 ; 3 Wash, on Real Prop.
Read the full summary
Appeal from Jackson Criminal Court.—Hon. H. P. White, Judge, It is alleged the instrument stolen was a deed. There can be no deed without a grantee, and there is no sufficient description of the instrument. State v. Kroeger, 47 Mo. 530 ; State v. Fay, 65 Mo. 490 ; State v. Page, 19 Mo. 213 ; 3 Wash, on Real Prop. (3 Ed.) 236; 1 Bouvier, 387. The value of the property affected is alleged to be two hundred dollars, and the value of the deed should have been charged to be the same. R. S., sec. 1310; State v. Krieger, 68 Mo. 98. Defendant’s objection to Ford’s statement of what defendant stated…
1Opinion of the CourtSherwood, J.
I. The defendant was indicted for the larceny of a deed charged to be the property of Ford. The indictment is bottomed on section 1312, Revised Statutes, and is sufficient, as it pursues the language of the statute and states all the constituent elements of the offence in question. The same particularity of description is not required where the larceny of an instrument is charged as where it is forgery. In the former case, if the statutory term is employed in designation of the instrument, no more minute description is requisite than the common law requires in an indictment for the larceny of…
2Cases cited3 opinions
- State v. CookSupreme Court of Missouri · 1875
- State v. MusickSupreme Court of Missouri · 1880
- State v. FisherSupreme Court of Missouri · 1877
3Cited by4 opinions
- State v. SimonSupreme Court of Missouri · 1927
- State v. WansongSupreme Court of Missouri · 1917
- State v. GrishamSupreme Court of Missouri · 1886
- Currey v. Joplin Savings BankMissouri Court of Appeals · 1903