State v. Griffin

Citation278 Mo. 436,212 S.W. 877
Decision Date03 June 1919
Docket NumberNo. 21321.,21321.
PartiesSTATE v. GRIFFIN.
CourtUnited States State Supreme Court of Missouri

Appeal from St. Louis Circuit Court; John W. Calhoun, Judge.

Carlisle Griffin was convicted of the crime of removing and concealing personal property covered by chattel mortgage, and he appeals. Reversed, and cause remanded.

In the circuit court of the city of St. Louis, defendant was tried and convicted of the crime of removing and concealing personal property covered by chattel mortgage. The punishment was fixed at six months' imprisonment in the city jail, and defendant has duly perfected an appeal.

The evidence upon the part of the state may be summarized as follows:

In May, 1916, the Weber Motorcar Company, a corporation located at 2217 Locust street, St. Louis, Mo., sold to the defendant for the sum of $300 one secondhand Ford automobile. Defendant paid $125 in cash and gave his notes for the balance, securing the same by a chattel mortgage on the automobile. By subsequent payments defendant reduced the mortgage indebtedness to the sum of $126.27.

In May, 1917, after having written numerous letters to defendant concerning the payment of the balance then overdue, representatives of the mortgagee called upon and talked to defendant at his place of business on Delmar avenue. They requested that defendant either pay the balance of the mortgage indebtedness or surrender the car. He replied that he could neither pay the notes nor deliver the car. He finally said that he would give up the car, and that it would be found at the back of his residence on Pendleton avenue. The representatives of the mortgagee then went to defendant's residence and made a search of the premises, but were unable to find the car.

A short time thereafter a representative of the mortgagee again called upon defendant, demanding either the money or the car, and in that conversation told the defendant that the mortgagee had been unable to find the car at defendant's residence, the place where defendant told them it could be found. Defendant then said, "I cannot tell you where the car is; I do not know."

Defendant did not offer any evidence. The jury returned the following verdict:

"We the jury in the above-entitled cause, find the defendant guilty of feloniously, willfully and unlawfully removing and concealing personal property, covered by a chattel mortgage, and assess the punishment at six months (6) in the city jail. S. A. Bramble, Foreman."

Frank C. O'Malley, of St. Louis, for appellant.

Frank W. McAllister, Atty. Gen., and S. E. Skelley, Asst. Atty. Gen., for the State.

WILLIAMS, P. J.

(after stating the facts as above.) [1] I. Appellant contends that the verdict is insufficient to support the judgment, in that it Is a special verdict and fails to find all of the elements of the alleged...

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