State v. Brinkley
| Decision Date | 07 November 1898 |
| Citation | 47 S.W. 793,146 Mo. 37 |
| Parties | STATE v. BRINKLEY et al. |
| Court | Missouri Supreme Court |
Appeal from criminal court, Jackson county; John W. Wafford, Judge.
Charles Brinkley and Burl Handy were convicted of burglary and larceny, and they appeal. Reversed.
Jos. S. Brooks, for appellants. Edward C. Crow, Atty. Gen., and Sam. B. Jeffries, Asst. Atty. Gen., for the State.
At the September term, 1897, of the criminal court of Jackson county, an indictment was preferred against defendants by the grand jury of said county, charging them with burglary and larceny. At the same term they were put on their trial, found guilty of both burglary and larceny, and the punishment of each one fixed at three years' imprisonment in the penitentiary for the burglary, and two years each in addition thereto for the larceny. After an unsuccessful motion for a new trial, they appealed.
The building which defendants are charged with breaking into is a one-story brick building, numbered 221 Walnut street, Kansas City, Mo. The offense is alleged to have been committed on the night of the 27th day of October, 1897. The building was occupied by Messrs. Andy & Barney Duback, partners, and is described in the indictment as a certain "shop," and was used for the purpose of molding, making, and shaping castings of iron. At the time of the commission of the alleged offense, the building was securely fastened, and had not been open for several days. While the building had not been opened for several days, it had not been abandoned; but, at the time it was burglarized, there were in it the tools alleged to have been stolen by defendants therefrom. The entrance to the building was made through one of its windows, by pulling off the sheet iron which had been nailed over it. Several of the boxes in which the tools and fixtures were placed were broken open, and a number of the tools carried away. Part of the tools were found in the possession of one of the defendants, and the other defendant was arrested at a second-hand store, where he had disposed of his portion of them. There was a hole in the roof of the building at the time of the commission of the alleged offense, but the evidence does not show of what size.
The court instructed the jury as to burglary and larceny, and gave the usual instructions as to the...
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State v. Conway
...v. Lowe, 93 Mo. 547, 5 S. W. 889; State v. Davis, 141 Mo. 522, 42 S. W. 1083; State v. Adler, 146 Mo. 18, 47 S. W. 794; State v. Brinkley, 146 Mo. 37, 47 S. W. 793; State v. Clark, 147 Mo. 20, 47 S. W. 886; State v. Reed, 154 Mo. 122, 55 S. W. 278; State v. Fannon, 158 Mo. 149, 59 S. W. 75;......
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State v. Smith
... ... W ... W. Sunderwirth, S. E. Osborn and Lee Crook for ... appellant ... (1) The ... verdict of the jury is against the law and against the ... instructions as given by the court. State v ... Nicholas, 222 Mo. 425; State v. Brinkley, 146 ... Mo. 37; State v. Barbour, 151 S.W.2d 1105; State ... v. Hamlin, 171 S.W.2d 716. (2) The court prejudicially ... erred in overruling defendant's demurrer at the close of ... the state's evidence, and at the close of all evidence ... State v. Murphy, 210 Mo. 280; State v ... Duncan, ... ...
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The State v. Lewkowitz
... ... This has always been ... the law of this State. State v. Matthews, 20 Mo. 55; ... State v. Jones, 61 Mo. 232; State v ... Stonus, 62 Mo. 596; State v. Lowe, 93 Mo. 547; ... State v. Davis, 141 Mo. 522; State v ... Adler, 146 Mo. 18; State v. Brinkley, 146 Mo ... 37; State v. Clark, 147 Mo. 20; State v ... Reed, 154 Mo. 122; State v. Fennon, 158 Mo ... 149; State v. Moore, 160 Mo. 443; State v ... Barton, 214 Mo. 316. All of which citations are found ... and followed in State v. Conway, 241 Mo. 286. And ... for the same ... ...
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State v. Conway
... ... on appeal. [ State v. Matthews, 20 Mo. 55; State ... v. Jones, 61 Mo. 232; State v. Stonum, 62 Mo ... 596; State v. Lowe, 93 Mo. 547, 5 S.W. 889; ... State v. Davis, 141 Mo. 522, 42 S.W. 1083; State ... v. Adler, 146 Mo. 18, 47 S.W. 794; State v ... Brinkley, 146 Mo. 37, 47 S.W. 793; State v ... Clark, 147 Mo. 20, 47 S.W. 886; State v. Reed, ... 154 Mo. 122, 55 S.W. 278; State v. Fannon, 158 Mo ... 149, 59 S.W. 75; State v. Moore, 160 Mo. 443, 61 ... S.W. 199; State v. Barton, 214 Mo. 316, 113 S.W ... 1111.] That rule is clearly a ... ...