State v. Osburn
| Citation | 292 S.W. 56 |
| Decision Date | 24 January 1927 |
| Docket Number | 27541 |
| Parties | STATE v. OSBURN |
| Court | Missouri Supreme Court |
North T. Gentry, Atty. Gen., and Claude Curtis, Sp. Asst. Atty Gen., for the State.
In the circuit court of Carter county the defendant was convicted of grand larceny, and appealed.
An information was filed on April 25, 1925, charging that on the -- day of December, 1924, at the county of Carter, the defendant, willfully and feloniously, did steal, take, and carry away a certain hog, the property of Charles Hibner etc. The case was tried on October 29, 1925, and the jury found the defendant guilty as charged in the information, assessing his punishment at imprisonment in the penitentiary for a term of two years. Motion for new trial was filed and overruled, sentence was pronounced, and the defendant appealed.
The evidence for the state, as summarized by the Attorney General, tended to show that Charles Hibner, the prosecuting witness, and the defendant, lived about a mile and a quarter apart and in the northwest part of Carter county; that about the 20th of December, 1924, Mr. Hibner learned that his hog was gone and went to see Mr. Osburn about it; that Osborn told him he did not sell the hog; that the prosecuting witness accused defendant of selling his hog and that defendant positively denied it; that when Hibner said he was going to look for the hog defendant asked to go along; that they agreed to meet in Eminence; that they met as agreed upon and went to W. B. Powell, the sheriff of Shannon county, who took them to a hogpen about two miles from Eminence, Mo.; that the prosecuting witness went to said pen and identified his hog; that the defendant admitted that the hog identified by Hibner belonged to Hibner; that he further admitted that he sold the hog to the sheriff, and that this hog had been in the neighborhood of Osburn with Osburn's hogs for about six or seven months, and that it was marked in the ears.
The evidence offered in behalf of defendant tended to show that the sheriff bought some hogs from him about December, 1924 that defendant at the time he sold these hogs, saw Hibner's hog, which was about the same size and color as several of his, and told Powell that he did not want that one to go; that he turned this hog outside and told his son to keep it back from the other hogs; that the last hog he sold the sheriff was not the hog claimed by Hibner; that the hog he sold to the sheriff last was marked with a 'crop' off the right ear and an upper 'half crop' of the left ear; that, when he went to look at the hogs at the sheriff's...
To continue reading
Request your trial