State v. Morphin
| Decision Date | 28 February 1866 |
| Citation | 37 Mo. 373 |
| Parties | STATE OF MISSOURI, Appellant, v. THOMAS MORPHIN, Respondent. |
| Court | Missouri Supreme Court |
Appeal from Worth Circuit Court.
J. C. Parker, for appellant.
The indictment charges the defendant with but one offence, which was the feloniously stealing, taking, and carrying away of the property of different persons at the same time and place.
The circumstances of several ownerships of the property does not increase or mitigate the offence. (Sutton v. State, 7 Mo. 55.) And the stealing of several articles of property at the same time and place, constitutes but one offence. (7 Mo. 55.)
The court below quashed the indictment, on motion of the defendant, for the reason that the defendant was charged with stealing the property of two different persons, at one and the same time, the value of the property taken from one being less than ten dollars. This was erroneous. The stealing several articles of property at the same time and place constitutes but one offence. (Lorton v. State, 7 Mo. 55.)
Judgment reversed and cause remanded.
Judge Wagner concurs; Judge Lovelace absent.
Two cases, appeals from Linn Circuit Court, decided by case of State v. Crowley.
Stricken from docket, transcript showing no appeal or writ of error.
Error to Platte Common Pleas. Dismissed for failure of plaintiff in error to file brief.
To continue reading
Request your trial
-
State v. Citius
...or transaction involves several similar violations of law with respect to several different persons. 31 C.J. sec. 327, p. 769; State v. Morphine, 37 Mo. 373; State v. Reisenny, 203 S.W. 472; State v. O'Connell, 144 Mo. 387; State v. Maggard, 160 Mo. 469; Henry v. United States, 263 Fed. 463......
-
State v. Citius
...or transaction involves several similar violations of law with respect to several different persons. 31 C. J. sec. 327, p. 769; State v. Morphine, 37 Mo. 373; State Reisenny, 203 S.W. 472; State v. O'Connell, 144 Mo. 387; State v. Maggard, 160 Mo. 469; Henry v. United States, 263 F. 463. Th......
-
State v. Bowles
...Chambers, 524 S.W.2d 826, 828 (Mo. banc 1975); State v. Treadway, supra, 558 S.W.2d at 651; Lorton v. State, 7 Mo. 55 (1841); State v. Morphin, 37 Mo. 373 (1866)--stealing several In determining whether several charges resulting from one act or transaction may be prosecuted, Missouri courts......
-
The State v. O'Connell
...one and the same time and by the same act, constitutes but one larceny. State v. Lorton, 7 Mo. 55; State v. Daniels, 32 Mo. 558; State v. Morphin, 37 Mo. 373. And where indictment thus charges the larceny of several articles it is sufficient to charge their value in the aggregate as was don......