State v. Murphy

Decision Date09 November 1897
Citation141 Mo. 267,42 S.W. 936
PartiesSTATE v. MURPHY.
CourtMissouri Supreme Court

Rev. St. 1889, § 3535, provides that stealing money or other personal property of the value of $30 or more constitutes grand larceny. An indictment charged defendant with stealing certain described bills and coin of the value of $29.35, "and one check for the sum of $1.35, of the value of $1.35." The evidence failed to show the date of the check, or upon what bank or in favor of or by whom it was drawn. Held, that the evidence as to the check was too indefinite to be considered in determining the amount stolen.

Appeal from circuit court, Vernon county; D. P. Stratton, Judge.

Thomas Murphy was convicted of grand larceny, and appeals. Reversed.

John T. Harding, for appellant. The Attorney General and Sam B. Jeffries, for the State.

BURGESS, J.

At the November term, 1896, of the circuit court of Vernon county, Mo., the defendant was indicted by the grand jury of said county, and charged with burglary in the second degree and grand larceny. He was put upon trial at the same term of said court, and acquitted of the burglary, but convicted of grand larceny, and his punishment fixed at two years' imprisonment in the penitentiary. From the judgment of conviction and sentence he appeals.

With respect to the larceny, the indictment charges that "two five-dollar bills of paper currency, of good and lawful money of the United States, of the value of ten dollars, and one ten-dollar bill of paper currency, of good and lawful money of the United States, of the value of $10.00 of good and lawful money of the United States, and eight dollars and thirty-five cents of silver coin, of good and lawful money of the United States, and of the value of $8.35 of good and lawful money of the United States, aggregating $29.35, and one check for the sum of one dollar and thirty-five cents of the value of one dollar and thirty-five cents, all of which said money and check are of the total value of $31.75, and of the personal property, goods, and chattels of one J. P. Lowry, then and there in the said store building being found, [defendant] did then and there feloniously, burglariously steal, take, and carry away contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of Missouri." The evidence tended to show that defendant stole the money and check as charged in the indictment, but it did not show the date of the check, nor did it show by whom, or upon what bank, it was...

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