State v. Lange

• Decision Date: 31 March 1875
• Citation: 59 Mo. 418
• Parties: THE STATE OF MISSOURI, Respondent, v. JOHN LANGE, Appellant.
• Court: Missouri Supreme Court

59 Mo. 418

THE STATE OF MISSOURI, Respondent,

v.JOHN LANGE, Appellant.

Supreme Court of Missouri.

March Term, 1875.

Appeal from St. Louis Criminal Court.

Drewer, for Appellant.

Normille, Circuit Attorney, for Respondent.

VORIES, Judge, delivered the opinion of the court.

This was an indictment for grand larceny. The indictment was found in the Criminal Court, and was a joint indictment against said defendant, Lange, and one Albert West alias Hill, who was charged with having, on the 20th day of June, 1873, stolen a coat, pantaloons and vest, the property of one Thomas B. Hill, of the aggregate value of fifty-five dollars. The indictment was found and the defendant arraigned on the 15th day of July, 1873.

On the 23rd day of July, 1873, on motion of the defendants, the cause was continued as to defendant West alias Hill, because of the absence of witnessess; and on motion of defendant Lange, the cause was continued as to him by consent. On the 6th day of October, 1873, the cause was continued by the consent of the parties, and at the same time the defendant, Lange, was granted a severance of the parties for the trial of the cause.

On the 20th day of November, 1873, the case was called for trial as to defendant, Lange, when the defendant made a motion or an application for a continuance of the cause. This motion was predicated on, or supported by, the following affidavit:

“Now at this day comes the said defendant, and moves the court for a continuance on account of the absence of James McConaghey, whose testimony is wanted; that his testimony is material in this cause; that no other witness is in attendance or within the reach of the process of this court, upon whose testimony this affiant can safely rely to prove the particular facts that the absent witness is expected to prove; that this affiant believes he cannot safely go to trial without the testimony of such absent witness; that he is not absent by the consent, connivance or procurement of this affiant; that this affiant procured a subpœna to be issued for said absent witness by this court; that the subpœna was placed in the hands of the county marshal in due time; that the said county marshal, after a diligent search for said witness, returned said process as “not found”; the affiant knows that said witness was at the place as directed on said subpœna the last time he heard of his whereabouts; that he has used all means in his power to procure the attendance of said witness, by sending messengers after him, but was unsuccessful; that he has procured letters to be written to him, but said letters remained unanswered. This affiant further says that he will be able to procure the testimony of such absent witness by the next term of this court, and that affiant believes said absent witness to be still in the city.”

The court overruled said application for a continuance, and the defendant at the time excepted.

The evidence adduced on the trial was to the effect, that on the 20th day of June, 1873, a suit of clothing, consisting of a coat, pantaloons and vest, was taken from the room of one Thomas B. Hill, on the Steamer “Clinton,” which was at the time lying at the wharf in St. Louis, at the foot of Chestnut street; that on the 21st of June, 1873, about noon, the defendant, Lange, and the defendant, West alias Hill, were seen walking together on Third street, in the city of St. Louis; that Lange had the clothes stolen from the boat under his arm; that after the parties had walked together for some distance, and when they had arrived at a point opposite a pawn-broker's shop, Lange handed the bundle of clothes to West, who went into the pawn-broker's shop with them, to pawn them for money, Lange remaining on the street; that a policeman, who had been watching their movements, then came up, told Lange to stand where he was until he came back; that the policeman went into the shop where West was, took possession of the clothing...