State v. Loehr

• Decision Date: 14 November 1887
• Citation: 5 S.W. 696,93 Mo. 103
• Parties: STATE v. LOEHR.
• Court: Missouri Supreme Court

5 S.W. 696

93 Mo. 103

STATE v. LOEHR.

Supreme Court of Missouri.

November 14, 1887.

1. LARCENY — SECOND OFFENSE — INDICTMENT.

An indictment for petit larceny alleged, in substance, that defendant on the twentieth day of December, 1880, was charged and convicted, in the St. Louis court of criminal correction, of petit larceny, and fined one dollar and costs; that he complied with said sentence, and was discharged; and that thereafter defendant did, in the city of St. Louis, feloniously steal, take, and carry away 50 pounds of iron, of the value of 10 cents per pound, of the property of M. Held, that the indictment was drawn in compliance with Rev. St. Mo. § 1664, and that it contained all the averments therein required, and was sufficient.

2. SAME — EVIDENCE — KNOWLEDGE OF OWNERSHIP OF STOLEN GOODS.

On a trial for petit larceny, the court allowed a witness for the state to testify as to conversations with defendant in regard to the ownership of certain iron, and in which he warned the defendant from taking it. Held, that the evidence was properly received, as tending to show knowledge in defendant of the ownership of the iron, with the taking of which he was charged.

3. CRIMINAL PRACTICE — WITNESSES — NAMES NOT INDORSED ON INDICTMENT.

On a trial for petit larceny, the court permitted other witnesses than those whose names were indorsed on the indictment to be examined on behalf of the state. Held no error.

4. SAME — IMPEACHMENT OF DEFENDANT — RECORD OF FORMER CONVICTION.

On a trial for petit larceny, the court allowed the state to put in evidence a record showing a previous conviction of defendant for petit larceny. Held that, inasmuch as defendant had been examined on his own behalf, the evidence was properly admitted for the purpose of affecting his credibility.

Appeal from St. Louis criminal court; GARRET S. VAN WAGONER, Judge.

Indictment for petit larceny.

The Attorney General, for respondent. W. Bush, for appellant.

NORTON, C. J.

In the St. Louis criminal court, defendant, in November, 1885, was tried and found guilty under an indictment charging him with having committed petit larceny after having been once convicted and punished for committing a previous petit larceny. He was sentenced to be imprisoned in the penitentiary two years, and brings his case to this court by appeal, and seeks a reversal of the judgment on various grounds, one of which is that the indictment does not sufficiently charge the offense.

The indictment is...