State v. Cavanagh
| Decision Date | 01 December 1920 |
| Docket Number | No. 22291.,22291. |
| Citation | 225 S.W. 678 |
| Parties | STATE v. CAVANAGH. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court; Vital W. Garesche, Judge.
Walter W. Cavanagh was convicted of the receiving of stolen property knowing it to be stolen, and appeals. Reversed and remanded.
Edward J. McCullen and Thomas B. Harvey, both of St. Louis, for appellant.
Frank W. McAllister, Atty. Gen., and Henry B. Hunt, Asst. Atty. Gen. (Don C. Carter, of Sturgeon, of counsel), for the State.
Appellant was charged by indictment in two counts in the circuit court of the city of St. Louis with grand larceny, and the receiving of stolen property knowing the same to be stolen. He was found guilty on the second count, and his punishment assessed at two years' imprisonment in the penitentiary. From this judgment he appeals.
Among other instructions one was given in which it was attempted to define the term "knowing that the property was stolen." In this instruction it was stated that this knowledge was such as would cause a reasonably prudent man exercising ordinary caution, etc., to believe and be satisfied that the property had been stolen. In State v. Ebbeller, 222 S. W. 396, we held an instruction, in almost the same language as that complained of, to be erroneous.
The Attorney General concedes that this error will necessitate a reversal and a remanding of this case. It is so ordered.
All concur.
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State v. Taylor, 51485
...339 Mo. 74, 95 S.W.2d 1183, 1185; State v. Henderson (Mo.Sup.) 231 S.W. 596; State v. Weisman (Mo.Sup.) 225 S.W. 949, 950; State v. Cavanagh (Mo.Sup.) 225 S.W. 678; State v. Ebbeller, 283 Mo. 57, 222 S.W. 396, 397.4 State v. Ham, supra; State v. Day, supra; State v. Lippman (Mo.Sup.) 222 S.......
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