State v. McGee

• Decision Date: 10 May 1904
• Parties: STATE v. McGEE et al.
• Court: Missouri Supreme Court

80 S.W. 899

181 Mo. 312

STATE v. McGEE et al.

Supreme Court of Missouri, Division No. 2.

May 10, 1904.

INFORMATION — VERIFICATION—LARCENY FROM PERSON—VERDICT—SUFFICIENCY.

1. An information not verified as required by Rev. St. 1899, §§ 2477, 2478, should be quashed on motion.

2. Under information for larceny from the person of a named individual in the nighttime, a verdict of guilty of larceny from "a" person in the nighttime is insufficient.

Appeal from St. Louis Circuit Court, O'Neill Ryan, Judge.

John McGee and another were convicted of larceny from the person, and appeal. Reversed.

Thos. B. Harvey and Jno. A. Gernez, for appellants. Sam B. Jeffries, Atty. Gen., for the State.

GANTT, J.

This is prosecution by information filed in the circuit court of the city of St. Louis by the circuit attorney of said city, and, omitting caption, is as follows:

"That John McGee, Edward McGraw, alias Butch, and John Scullin, alias Kid Taylor, alias Whiting, on the 21st day of January, 1903, at the city of St. Louis aforesaid, about the hour of 11:40 in the night thereof, at the city of St. Louis aforesaid, one pearl scarf pin set with eleven diamonds, of the value of one hundred and ninety dollars ($190.00), all the goods, chattels and personal property of one Harlow B. Spencer, then and there did feloniously steal, take and carry away from the person of the said Harlow B. Spencer in the nighttime, with the intent then and there to deprive the owner of the use thereof and to convert the same to their own use. Appellants, on March 25, 1903, moved to quash the above information, because, among other reasons, the information is not verified, nor is it based upon any affidavit, as required by law. The court overruled said motion, and the appellants duly saved their exceptions. And thereupon, and on the aforesaid date, the appellants were arraigned, entered their plea of not guilty, and were placed upon trial, which resulted in a conviction of each of them, as expressed in the following verdicts:"

"`State of Missouri v. John McGee and Edward McGraw.

"`On Indictment for Larceny from a Person in the Nighttime.

"`We, the jury in the above entitled cause, find the defendant, John McGee, guilty of larceny from a person in the nighttime, as charged in the indictment, and assess the punishment at imprisonment in the penitentiary for five years.

                            "`L. B. Jackson, Foreman.'
                

"`State of Missouri v. John McGee and Edward McGraw.

"`On Indictment for Larceny from a Person in the Nighttime.

"`We, the jury in the above entitled cause, find the defendant, Edward McGraw, guilty of larceny from a person in the nighttime, as charged in the indictment, and assess the punishment at imprisonment in the penitentiary for five years.

                            "`L. B. Jackson, Foreman.'
                

"At the same term of court, and within four days after the filing of said verdicts appellants filed their motion for a new trial, the third ground of which was that `the court erred in overruling the motion of de...