Legal Opinion

State v. Kennedy

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 5 opinions

Appeal from 81. Louis Court of Appeals. ■ If defendant is guilty of larceny it is only petit larceny, as the property lost was not worth over fifteen dollars, and the alleged larceny was not committed in a dwelling house, but in a car driver’s room over a saloon., R. S., secs. 1297, 1309. The instruction in regard to> possession of stolen property as presumptive evidence of guilt should have been given as offered by the defendant’s counsel.

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Appeal from 81. Louis Court of Appeals. ■ If defendant is guilty of larceny it is only petit larceny, as the property lost was not worth over fifteen dollars, and the alleged larceny was not committed in a dwelling house, but in a car driver’s room over a saloon., R. S., secs. 1297, 1309. The instruction in regard to> possession of stolen property as presumptive evidence of guilt should have been given as offered by the defendant’s counsel. That given by the trial court has been condemned by this tribunal more than once. State v. Bruin, 34 Mo. 540 ; State v. Gray, 37 Mo. 463 ; State v.…

1Opinion of the CourtNorton, J.

Defendant was indicted in the criminal court of the city of St. Louis for burglary and larceny, committed in the dwelling house of one James Renn. He was tried and convicted of both burglary and larceny, and his punishment assessed at four years imprisonment for the burglary, and three years for the larceny. On defendant’s appeal to the St. Louis court of appeals, the judgment was reversed as to the bur*343lary and affirmed as to the larceny, and he brings the cause here by appeal.

It being conceded by the state that the evidence was not sufficient to sustain the conviction of deiendant for…

2Cases cited5 opinions

  1. State v. KellySupreme Court of Missouri · 1881
  2. State v. AlexanderSupreme Court of Missouri · 1874
  3. State v. OwensSupreme Court of Missouri · 1883
  4. State v. BrownSupreme Court of Missouri · 1882
  5. State v. ButterfieldSupreme Court of Missouri · 1882

3Cited by5 opinions

  1. State v. SorrentinoWyoming Supreme Court · 1924
  2. State v. JacksonSupreme Court of Minnesota · 1936
  3. State v. SorrentinoWyoming Supreme Court · 1927
  4. State v. NagelSupreme Court of Missouri · 1896
  5. State v. PattersonSupreme Court of Missouri · 1889

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