State v. Robbins
Supreme Court of Missouri
Appeal from Jackson Criminal Court.—-Hon. H. P. "White, Judge. The jury should have been permitted to pass upon the guilt or innocence of the accused, from the case made by all the facts and circumstances, without the intervention of the court singling out the bare fact of possession of the lost goods, which was two months and fifteen days, as appears from the evidence, after they were lost or taken.
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Appeal from Jackson Criminal Court.—-Hon. H. P. "White, Judge. The jury should have been permitted to pass upon the guilt or innocence of the accused, from the case made by all the facts and circumstances, without the intervention of the court singling out the bare fact of possession of the lost goods, which was two months and fifteen days, as appears from the evidence, after they were lost or taken. Fackler v. Chapman, 20 Mo. 253 ; State v. Hundley, 46 Mo. 421; State v. Smith, 53 Mo. 271; "Wag. Stat. 1106, § 30. Recent possession of stolen goods, unexplained by the party so found in…
1Opinion of the CourtNorton, J.
Defendant was indicted at the November term, 1876, of the criminal court of Jackson county for grand larceny. At a subsequent term of said court he was tried and convicted. Motions for new trial and in arrest of judgment having been filed and overruled, he brings his case here by appeal. The counsel for defendant insists that the court erred in giving the second instruction on the part of the State to the effect that the “ possession of property proven to have been recently stolen, is presumptive evidence of the guilt of the party in possession, unless such possession is satisfactorily…
2Cases cited5 opinions
- State v. GraySupreme Court of Missouri · 1866
- State v. WilliamsSupreme Court of Missouri · 1873
- State v. CresonSupreme Court of Missouri · 1866
- State v. FloydSupreme Court of Missouri · 1852
- State v. LangeSupreme Court of Missouri · 1875
3Cited by6 opinions
- State v. KellySupreme Court of Missouri · 1881
- State v. SidneySupreme Court of Missouri · 1881
- State v. ButterfieldSupreme Court of Missouri · 1882
- State v. BeattySupreme Court of Missouri · 1886
- Territory of New Mexico v. LivingstonNew Mexico Supreme Court · 1906
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