State v. Fritchler

• Decision Date: 31 October 1873
• Citation: State v. Fritchler, 54 Mo. 424 (Mo. 1873)
• Parties: THE STATE OF MISSOURI, Respondent, v. BENJAMIN FRITCHLER, Appellant.
• Court: Missouri Supreme Court

54 Mo. 424

THE STATE OF MISSOURI, Respondent,

v.BENJAMIN FRITCHLER, Appellant.

Supreme Court of Missouri.

October Term, 1873.

Appeal from St. Louis Court of Criminal Correction.

M. W. Hogan, for Respondent.

F. & L. Gottschalk, for Appellant.

ADAMS, Judge, delivered the opinion of the court.

This was a prosecution upon an information for petit larceny The information charges the defendant with stealing one set of butcher's iron scales, and one butcher's meat saw, the property of George Nicholas, the prosecutor.

On the trial the prosecutor testified in substance, that he was a butcher, that defendant was in his employment in February 1873, and had charge of his slaughter-house and every thing in it; that among the things there was a set of butcher's scales; that he looked for them to have them repaired, and asked defendant if he knew where they were and he replied that he did not know; there was also an old butcher's saw, which was broken but the bow remained; that he missed that at the same time. On the 9th of April he saw these articles in the possession of Christ Meyer, a butcher, keeping a stall in the Mound market in St. Louis.

Christ Meyer was then introduced and in substance testified that he was a butcher; that some time in January 1873, he went to the slaughter-house of prosecutor where defendant was employed; that he had before that time done some work there and on this occasion he told defendant that he was about to commence butchering for himself and as he was poor, he would be thankful to him, if he would assist him a little. He asked whether there were not some old tools there which he did not use. Defendant replied there were an old set of scales and a butcher's saw lying around there, which he did not use and that witness could have them. Witness afterwards called and defendant gave him the scales and saw, and he took them and repaired them and used them; he paid $1.25 for repairing the scale and $1.00 for repairing the saw. When he got them they were useless, broken and battered. After they were repaired they were as good for use as new tools. Afterwards, about two weeks before the trial, the prosecutor came to witness' stall at Mound market, and said the scales and saw were his. Witness replied he could have them if he would pay for the repairs, The defendant who gave them to witness took them away.

Christ Hill was introduced as a witness and testified in substance to the same purport as the preceding witness.

This was all the evidence...