State v. Brinkley & Handy
Supreme Court of Missouri
Appeal from Jackson County Criminal Court. — Hon. John W. Woeeord, Judge. (1) Burglary and larceny are two distinct offenses though joined in the same count of the indictment, and the court should have instructed as to both larceny and burglary. The jury should have been told they might acquit of burglary and convict of larceny in which event the larceny would be petit in this case.
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Appeal from Jackson County Criminal Court. — Hon. John W. Woeeord, Judge. (1) Burglary and larceny are two distinct offenses though joined in the same count of the indictment, and the court should have instructed as to both larceny and burglary. The jury should have been told they might acquit of burglary and convict of larceny in which event the larceny would be petit in this case. State v. Hutchinson, 111 Mo. 257; State v. Hecox, 83 Mo. 531; State v. Barker, 64 Mo. 282; State v. Owens, 79 Mo. 620; State v. Martin, 76 Mo. 337; State v. Kelsoe, 76 Mo. 505. (2) Defendants’ first instruction…
1Opinion of the CourtBurgess, J.
At the September term, 1897, of the criminal court of Jackson county, an indictment was preferred against defendants by the grand jury of said county charging them with burglary and larceny. At the same term they were put on their trial, found guilty of both burglary and larceny, and the punishment of each one fixed at three years’ imprisonment in the penitentiary for the burglary, and two years each in addition thereto, for the larceny. After an unsuccessful motion for a new trial they appeal.
The building which defendants are charged with breaking into is a one story brick numbered 221,…
2Cases cited5 opinions
- State v. BarkerSupreme Court of Missouri · 1876
- State v. KelsoeSupreme Court of Missouri · 1882
- State v. MartinSupreme Court of Missouri · 1882
- State v. HecoxSupreme Court of Missouri · 1884
- State v. DavisSupreme Court of Missouri · 1897
3Cited by8 opinions
- State v. ConwaySupreme Court of Missouri · 1912
- State v. JohnsonSupreme Court of Missouri · 1970
- State v. WilsonSupreme Court of Missouri · 1910
- State v. NicholasSupreme Court of Missouri · 1909
- State v. BarbourSupreme Court of Missouri · 1941
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