State v. Hays
| Decision Date | 11 June 1923 |
| Docket Number | No. 23435.,23435. |
| Parties | STATE v. HAYS. |
| Court | Missouri Supreme Court |
Walter A. Kelly, of St. Louis (W. W. Herron, of Jefferson City, of counsel), for plaintiff in error.
Jesse W. Barrett, Atty. Gen., and Henry Davis, Asst. Atty. Gen., for the State.
On February 10, 1921, the prosecuting attorney of Franklin county filed an information charging the plaintiff in error, together with Bernard Whalen and six others, with having, on February 8, 1921, broken into the Farmers' & Merchants' Bank in the village of St. Clair in said county, and stolen therefrom $32.50, the property and money of said bank. The plaintiff in error pleaded not guilty, was granted a severance, and, on a trial by a jury, was found guilty of burglary in the second degree and his punishment assessed at 40 years in the penitentiary. This was an acquittal on the charge of larceny. State v. Patterson, 116 Mo. 505, 22 S. W. 696; State v. Meyer (Mo. App.) 221 S. W. 775.
In State v. Whalen (Mo. Sup.) 248 S. W. 931, we held this information was fatally defective in that it failed to charge that the defendant feloniously and burglariously entered into the bank building, etc.
Walter Casey, one of the defendants in this information, on a separate trial, was found guilty of burglary, but on appeal his conviction was reversed, without remanding, because there was no substantial evidence of his complicity. State v. Casey (Mo. Sup.) 247 S. W. 114. Railey, C., summarized the evidence in his opinion. The evidence for the state, so far as it goes, is substantially the same as in the case at bar, but the evidence in the present case goes much farther and in our opinion authorizes a submission of the case to a jury on a proper information. Hays and another defendant took the identical red touring car with its bent crank, etc., on the afternoon before the burglary to a mechanic and urgently insisted on prompt repairs. The next forenoon the sheriff and his posse found this car in the road broken down and abandoned. They followed footprints leading eastward, and, after arresting two men near Pacific, continuing to follow footprints, they saw three men enter an old clubhouse near the Meramec river, one of whom carried a burlap sack. Proceeding to the house, the sheriff called to the men in the...
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