State v. Blocker
Citation | 231 S.W. 1062 |
Decision Date | 03 May 1921 |
Docket Number | No. 16596.,16596. |
Parties | STATE v. BLOCKER. |
Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court; Charles B. Davis, Judge.
"Not to be officially published."
Earl F. Blocker was convicted of receiving stolen property, and appeals. Reversed and remanded.
Arthur E. Simpson, of St. Louis, for appellant.
Lawrence McDaniel, of St. Louis, for the State.
In an information filed by the circuit attorney of the city of St. Louis, defendant and another were jointly charged with burglary in the second degree, larceny, and receiving stolen property. Upon a trial before a jury, the defendant was adjudged guilty of receiving stolen property of less than $30 in value, and his punishment assessed at imprisonment in the city jail for a period of one year. Prom this conviction defendant appeals, contending that the court committed error in giving to the jury the following instruction:
The giving of this identical instruction has been several times condemned by the Supreme Court and held to be reversible error. State v. Ebbeller, 222 S. W. 396 ( ); State v. Cavanagh, 225 S. W. 678 ( ); State v. Fleischmann, 228 S. W. 461 ( ).
The reasons assigned for holding the instruction erroneous are fully set forth by the Supreme Court in the Ebbeller Case, and it will be unnecessary to do more than to refer to that decision. The instruction plainly permits mere negligence to take the place of guilty knowledge in determining the criminal liability of the defendant.
It follows that the judgment should be reversed and the cause remanded.
The foregoing opinion of BIGGS, C., is...
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