State v. Jenkins
| Decision Date | 09 December 1922 |
| Docket Number | No. 23662.,23662. |
| Citation | 246 S.W. 911 |
| Parties | STATE v. JENKINS. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, St. Louis County; G. A. Wurdeman, Judge.
John Jenkins was convicted of grand larceny, and he appeals. Reversed and remanded for new trial.
Frank C. O'Malley and Albert W. Johnson, both of St. Louis, for appellant.
Jesse W. Barrett, Atty. Gen., and Albert Miller, Asst. Atty. Gen., for the State.
The defendant and two others were charged on information with burglary and grand larceny, in that they burglariously, etc., broke into a railroad car in which at the time were goods, wares, and merchandise kept and deposited, and feloniously stole, took, and carried away certain goods in said car then and there found, of the value of $800. The defendant was granted a severance, and on trial by a jury was found guilty of grand larceny only (not of burglary), and sentenced to the penitentiary for a term of two years, from which sentence he appealed.
The state offered no evidence as to the value of the goods alleged to have been stolen. The learned Attorney General confesses error, and recommends that the judgment be reversed and the cause remanded. The conviction for grand larceny was an acquittal of the charge of burglary. There being no evidence as to the value of the goods stolen, the conviction cannot stand. State v. Krieger, 68 Mo. 98; State v. Weber, 156 Mo. 257, 259, 56 S. W. 893; State v. Stanley, 123 Mo. App. 294, 297, 100 S. W. 678.
Other alleged errors at the trial need not be considered.
The judgment is reversed and the cause remanded for a new trial.
All concur.
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State v. Barbour
...in the same count or in separate counts of the same indictment, they are distinct offenses. [See State v. Meadows, supra.] In State v. Jenkins (Mo.), 246 S.W. 911, the defendant charged with burglary and larceny. This court in its opinion said the defendant "was found guilty of grand larcen......
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State v. Barbour, 37458.
...R.S. 1939. (3) Verdict and judgment. (a) Secs. 4056, 4064, R.S. 1929; State v. North, 85 S.W. (2d) 47, 337 Mo. 470; State v. Jenkins, 246 S.W. 911; State v. Enochs, 98 S.W. (2d) 688, 339 Mo. 953; State v. Brown, 73 Mo. 634; State v. Hecox, 83 Mo. 537; State v. Schuchmann, 133 Mo. 117; State......
- The State v. Barker
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State v. McCarthy, 47731
...360 Mo. 31, 226 S.W.2d 720, 722; State v. Holtzclaw, Mo.Sup., 258 S.W.2d 666. In the cases relied upon by appellant such as State v. Jenkins, Mo.Sup., 246 S.W. 911; State v. Barbour, 347 Mo. 1033, 151 S.W.2d 1105 and State v. Krieger, 68 Mo. 98, there was no evidence as to the value of the ......