State v. Smith
Supreme Court of Missouri
Appeal from Buchanan Criminal Court. — Hon. B. J. Casteel, Judge. It was error to give instruction 2. An instruction on a trial for robbery should declare, as ^necessary to a conviction, that defendant must have taken the property with intent to deprive the owner of it and to convert it,to a use other than that of the owner, and against the consent of the latter, and without an honest claim to it on the part of the defendant. ■ State v. Woodward¿ 131 Mo. 369; State v. Brown,…
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Appeal from Buchanan Criminal Court. — Hon. B. J. Casteel, Judge. It was error to give instruction 2. An instruction on a trial for robbery should declare, as ^necessary to a conviction, that defendant must have taken the property with intent to deprive the owner of it and to convert it,to a use other than that of the owner, and against the consent of the latter, and without an honest claim to it on the part of the defendant. ■ State v. Woodward¿ 131 Mo. 369; State v. Brown, 104 Mo. 373; State v. O’Connor, 105 Mo. 121. The use of the words “did steal, take ancl carry away” is merely to copy…
1Opinion of the CourtGantt, P. J.
The defendant was indicted in the Buchanan County Criminal Court for robbery in the first degree, and convicted-and sentenced to the penitentiary for five years.
He seeks a reversal of the judgment, and assigns as error instruction numbered two in the bill of exceptions.
The instruction is in these words:
“The court instructs the jury that if they believe and find from the evidence that at the county of Buchanan and State of Missouri, and on or about the 20th day of September, 1900, the defendant, by himself or in company with another, assaulted William D. Boyer, and from his person and against…
2Cases cited2 opinions
- State v. O'ConnorSupreme Court of Missouri · 1891
- State v. WoodwardSupreme Court of Missouri · 1895
3Cited by1 opinion
- State v. MoodySupreme Court of Missouri · 1958