State v. Rose
Supreme Court of Missouri
(1) Instruction 1 on the part of the State was not right or fair to defendant. If told how small a penitentiary sentence could be given, why not tell how small a jail sentence could be given? Juries sometimes have “expense to county” in mind, and if they had been told they could give one day in the county jail, they might have so found.
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(1) Instruction 1 on the part of the State was not right or fair to defendant. If told how small a penitentiary sentence could be given, why not tell how small a jail sentence could be given? Juries sometimes have “expense to county” in mind, and if they had been told they could give one day in the county jail, they might have so found. R. S. 1899, sec. 1901. (2) Instruction 2, on the part of the State, was wrong; there was no evidence that all the property described in the information was found in defendant’s possession; there was no evidence that defendant had one cent of Estes’s money in…
1Opinion of the CourtFox, J.
On the 10th day of February, 1903, the prosecuting attorney of Johnson county filed-in the circuit court of said county an information charging the defendant with grand larceny, for stealing a knife, pair of gloves and a purse containing some money from the person of one Newton Estes, the offense being committed in the nighttime, and so charged in the information.
The information in this case is based upon the provisions of sections 1900 and 1901 of the Revised Statutes of 1899, which make the stealing of property from a person in the nighttime a felony punishable by imprisonment in the…
2Cases cited4 opinions
- State v. UlrichSupreme Court of Missouri · 1892
- State v. FurgersonSupreme Court of Missouri · 1899
- State v. WarfordSupreme Court of Missouri · 1891
- State v. PrendibleSupreme Court of Missouri · 1901
3Cited by11 opinions
- State v. BakerSupreme Court of Missouri · 1956
- State v. BevinsSupreme Court of Missouri · 1931
- Pickrell v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Walker v. StateArizona Supreme Court · 1921
- Cotton v. PyleSupreme Court of Missouri · 1966
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