State v. Shannon
Decision Date | 18 February 1922 |
Docket Number | No. 22900.,22900. |
Citation | 237 S.W. 466 |
Parties | STATE v. SHANNON. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Ray County; Ralph Hughes, Judge.
Mike Shannon was convicted of burglary in the second degree and of larceny, and he appeals. Affirmed.
Gabriel & Conkling, of Kansas City, for appellant.
Jesse W. Barrett, Atty. Gen., and Henry Davis, Asst. Atty. Gen., for the State.
The transcript of the record in this case contains no bill of exceptions, and only the record proper is before the court for review. The information filed October 13, 1920, in the circuit court of Ray county, in one count charges the defendant with the crimes of burglary and larceny, under the provisions of section 3305, R. S. 1910. The record recites the usual proceeding, the impaneling of the jury, the trial and verdict. The verdict of the jury rendered on the 4th day of November, 1020, is as follows:
The information is in proper form charging both the crime of burglary in the second degree and larceny, authorized by section 3305, R. S. 1910, and the verdict is in strict conformity to the requirements of the section and the authorities construing it. State v. McHenry, 207 S. W. 808. No error is discoverable in the proceeding as shown by the record proper.
The judgment is affirmed.
BAILEY and REEVES, CC., concur.
The foregoing opinion by WHITE, C., is adopted as the opinion of the court.
All concur.
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...136 Mo. 66, 37 S.W. 907; State v. Gentry, 329 Mo. 291; 16 C. J., p. 1103, sec. 2587; State v. Hinton, 253 S.W. 723, 299 Mo. 507; State v. Shannon, 237 S.W. 466; v. Hodges, 237 S.W. 1000; State v. Burns, 263 Mo. 595, 173 S.W. 1070; Sec. 4004, R. S. 1939; State v. Frazier, 98 S.W.2d 715, 339 ......
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... ... defendant guilty of grand larceny as charged in the ... information and assessing his punishment at two years' ... imprisonment in the penitentiary. Both were returned at the ... same time and evidently constituted the jury's verdict on ... the whole case. In State v. Shannon, Mo.Sup., 237 ... S.W. 466, the jury, in a burglary and larceny case, returned ... the following verdict: ... ''We, ... the jury, find the defendant guilty of burglary in the second ... degree and assess his punishment therefor at imprisonment in ... the penitentiary for a ... ...
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State v. Hurt, 37468.
...in the penitentiary. Both were returned at the same time and evidently constituted the jury's verdict on the whole case. In State v. Shannon, Mo.Sup., 237 S.W. 466, the jury, in a burglary and larceny case, returned the following "`We, the jury, find the defendant guilty of burglary in the ......