State v. Smith'
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. While the indictment contains thirteen counts, the 1st, 2d, 3d, 8th, 11th and 12th counts were withdrawn from the jury ; the 4th, 5th, 6 th and 10th counts contain the same material averments, all charging a joint receiving of the stolen property by three different persons, varying only in the allegation of the ownership of the property without naming the thief; the 7th and 13th counts contain a joint charge' of receiving property which…
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Appeal from St. Louis Criminal Court. While the indictment contains thirteen counts, the 1st, 2d, 3d, 8th, 11th and 12th counts were withdrawn from the jury ; the 4th, 5th, 6 th and 10th counts contain the same material averments, all charging a joint receiving of the stolen property by three different persons, varying only in the allegation of the ownership of the property without naming the thief; the 7th and 13th counts contain a joint charge' of receiving property which had' been embezzled, knowing it to have been so embezzled, varying only in the ownership. The first question which…
1Opinion of the CourtLovelace, Judge
Several errors are complained of by the defendant, but they may all be properly discussed under four heads: 1. The indictment charges the defendant with receiving stolen property, knowing it to be stolen, without naming the- thief; 2. The indictment charges the defendant, jointly with Charles Noyes and Friend Noyes, with receiving the property, when the evidence tends to prove that the defendant alone received it; 3. It is complained that the court admitted improper evidence on the part of the State, and excluded proper evidence on the part of the accused; and 4. That the court misdirected…
2Cited by15 opinions
- Grattan v. StateSupreme Court of Alabama · 1882
- Anthony v. StateSupreme Court of Florida · 1902
- State v. TaylorSupreme Court of Missouri · 1968
- Kaufman v. StateIndiana Supreme Court · 1874
- Anderson v. StateSupreme Court of Florida · 1896
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