State v. Miles

• Decision Date: 06 May 1913
• Citation: 174 Mo. App. 181,156 S.W. 758
• Parties: STATE v. MILES.
• Court: Missouri Court of Appeals

156 S.W. 758

174 Mo. App. 181

STATE v. MILES.

St. Louis Court of Appeals. Missouri.

May 6, 1913.

1. CRIMINAL LAW (§ 1130) — APPEAL — ABSENCE OF BRIEFS — EXAMINATION OF RECORD.

Although neither appellant nor respondent file briefs, it is the statutory duty of the court to examine the record for error.

2. LARCENY (§ 30) — SUFFICIENCY OF INDICTMENT.

An information charging that defendant on a certain day and in a certain place unlawfully and willfully stole, took, and carried away of the money and property of a person named $1.08 of the lawful money of the United States of the value of $1.08 was sufficient.

3. CRIMINAL LAW (§ 308) — EVIDENCE — PRESUMPTION OF INNOCENCE.

One accused is presumed to be innocent of the crime charged against him.

4. CRIMINAL LAW (§ 327) — EVIDENCE — BURDEN OF PROOF.

The burden of proving a crime charged is upon the state, which must establish guilt beyond a reasonable doubt before a conviction can be had.

5. CRIMINAL LAW (§ 572) — EVIDENCE — PRESUMPTION — ALIBI.

If the evidence left a reasonable doubt as to defendant's presence at the place where the offense was committed at the time of its commission, he could not be convicted, for the presumption of innocence attends him throughout the trial, and he can only be convicted on the establishment of guilt beyond a reasonable doubt.

Appeal from St. Louis Court of Criminal Correction.

James Miles, Jr., was convicted of petit larceny, and he appeals. Affirmed.

Zachritz & Bass, of St. Louis, for appellant. Phillips W. Moss, of St. Louis, for the State.

NORTONI, J.

Defendant was convicted on a charge of petit larceny and prosecutes this appeal from that judgment. After hearing the evidence and instructions, the jury found defendant guilty and fixed his punishment at a fine of $1.

Neither appellant nor respondent has filed briefs in the case, but, notwithstanding, we have examined the record for error, as is our duty under the statute.

The information filed by the assistant prosecuting attorney charges that defendant, on the 26th day of June, 1909, in the city of St. Louis, Mo., did unlawfully and willfully steal, take, and carry away of the money and property of Mrs. Fannie Horowitz $1.08 lawful money of the United States of the value of $1.08. The information in all respects is sufficient and in the usual and approved form in cases of petit larceny.

The evidence tends to prove that Mrs. Horowitz owns a little store in St. Louis, and that while she was in a rear...