State v. Plaskey
| Decision Date | 31 May 1916 |
| Docket Number | No. 19281.,19281. |
| Citation | 186 S.W. 1034 |
| Parties | STATE v. PLASKEY. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court; Thomas C. Hennings, Judge.
Joseph Plaskey was convicted of larceny, and he appeals. Reversed, and defendant discharged.
Thomas J. Rowe, Jr., of St. Louis, for appellant. John T. Barker, Atty. Gen. (Kenneth Sears, of Jefferson City, of counsel), for the State.
From a conviction of larceny from the person, followed by a sentence of two years' imprisonment in the penitentiary, the defendant appeals.
One Sunday morning at about 1 o'clock in February, 1913, two men named Bradley and Scism were about to board a street car westward bound at Twenty-Sixth, or Jefferson avenue, and Olive streets in the city of St. Louis, when they were suddenly closely crowded by four men, of which the defendant was one, in an apparent effort to alight from the car. After the four men had alighted and the car had run three or four blocks, Bradley and Scism discovered they had lost their pocketbooks and they notified the first policeman they encountered of their loss. At Beaumont and Olive streets, one block west of where the men alighted from the car, they were seen standing on a street corner by two policemen and were arrested and taken to the station, where they were identified by Bradley and Scism. There is no evidence that the property alleged to have been stolen was found on their persons. They were jointly indicted charged with larceny from the person. Upon being arraigned they demanded a severance and were tried separately. Defendant was found guilty, and sentenced as above stated.
This case is identical with that of State v. Costello, 177 S. W. 304; the defendant there being one of the four men in question. Upon a trial he, like the defendant here, was convicted and sentenced to two years' imprisonment in the penitentiary. From this sentence he appealed, and we reversed the judgment and ordered the defendant's discharge on the ground of lack of evidence to sustain a conviction.
A like result must follow in the instant case. The judgment of the trial court is therefore reversed, and the defendant ordered discharged. All concur.
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