State v. Adams

• Decision Date: 03 December 1923
• Docket Number: No. 24769.,24769.
• Parties: STATE v. MURPHY.
• Court: Missouri Supreme Court

256 S.W. 743

STATE v. MURPHY.

No. 24769.

Supreme Court of Missouri, Division No. 2.

December 3, 1923.

Appeal from Circuit Court, Stoddard County; W. S. C. Walker, Judge.

Howard Murphy was convicted of petit larceny, and appeals. Case ordered transferred to Springfield Court of Appeals.

Jesse W. Barrett, Atty. Gen., and Robert W. Otto, Asst. Atty. Gen., for the State.

WHITE, J.

The record in this case shows that the appellant was convicted upon a. charge contained in the following information filed in the circuit court of Stoddard county:

"State of Missouri v. Howard Murphy.

"Comes now George W. Ray, prosecuting attorney, within and for Stoddard county, Missouri, and upon his oath of office, knowledge, information, and belief informs the court that on or about the 3d day of March, 1922, at and in the county of Stoddard in the state of Missouri, one Howard Murphy, a minor under the age of 17 years, to wit: 15 years of age, did then and there feloniously, burglariously break into and enter into a certain building known as the Odd Fellows Building then and there situated in the town of Bernie, Stoddard county, and state of Missouri aforesaid, the said building being used and occupied by J. T. Jones doing business under the style and firm name of Jones Bros., as general merchandise business, by prying an outer window open of said building, the said building then and there in which goods, merchandise, and valuable things were kept for sale, deposited with intentions, the merchandise and valuable things in the said building then and there being, then and there feloniously burglariously did steal, take and carry away, various kinds of merchandise at the value of over $50, the personal property of J. T. Jones, contrary to the statute in such cases made and provided, against the peace and dignity of the state. George W. Ray,

"Prosecuting Attorney of Stoddard County, Missouri."

The record further contains the verdict returned by the jury on the 21st day of March, 1922, as follows:

"We, the jury, find the defendant not guilty of burglary, and not guilty of grand larceny, but we find the defendant guilty of petit larceny, as contained in the charge of the information, and we assess his punishment at a fine of $100, and imprisonment in the county jail —

                                "Chas. Schnelle, Foreman."
                

This shows that while the defendant was charged with burglary and larceny, a felony, he was convicted of petit larceny, under section 3326, R. S. 1919. That...