State v. Skibiski
| Decision Date | 13 November 1912 |
| Citation | 150 S.W. 1038,245 Mo. 459 |
| Parties | STATE v. SKIBISKI. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Ripley County; J. C. Sheppard, Judge.
Felix Skibiski was convicted of larceny, and he appeals. Affirmed.
Charles B. Butler, of Doniphan, for appellant. Elliott W. Major, Atty. Gen., and Campbell Cummings, Asst. Atty. Gen., for the State.
Appellant was convicted of stealing a steer in Ripley county, and sentenced to two years in the penitentiary. The evidence for the state tended to show that in the fall of 1909 Henry Cooper owned some cattle which he was permitting to run on the range about his and appellant's farms, and among them was a large, pale, red steer, about 3½ years old, which Cooper had raised, and the habit of which, with the other cattle, was to return frequently to Cooper's place where the cattle were salted and otherwise looked after. About November 20, 1909, the steer disappeared and, though search was made for it, has not since been found. In October, 1909, appellant sold all his cattle preparatory to leaving the farm that winter, but in the latter part of November, 1909, Mr. and Mrs. McCune, who lived in the neighborhood, had occasion to pass appellant's place and observed in a little field belonging to appellant, and some 60 yards from his house, three head of cattle, one of which the evidence tends to show was Cooper's missing steer. The McCunes, happening to see appellant as they passed his house, said to him they noticed he had bought some cattle. Appellant said "No," and started down toward the field saying the cattle probably broke in. The McCunes were unaware of Cooper's loss and gave the matter no further thought. There was evidence that about this time, in the fall of 1909, the exact date being left uncertain, appellant sold in Doniphan a freshly removed hide. Thereafter and prior to July, 1910, Cooper received letters which led to his accusing appellant. July 16, 1910, appellant went to Cooper's farm and told him he had heard of the accusation. Cooper then told appellant his wife and son had written letters charging him with putting up the steer and then, after the occurrence of the McCune incident, butchering it. Appellant first entered a denial, but finally admitted the truth of the charge, saying his wife "gave it away on him because be wouldn't live in St. Louis." He voluntarily promised to pay for the steer on September 16, 1910; the agreed amount being $35. September 16th appellant returned with his son, a lad of 12, to Cooper's and asked that he be allowed more time in which to make payment. Subsequently appellant met Cooper in Doniphan and told him that, as soon as he received an expected commission from the sale of land for one O"Neal, he would pay. In a few days the lad who had accompanied appellant on his second visit to Cooper's brought to Cooper $35. Cooper testified positively that the steer had been taken and killed. Appellant attempted to explain the sale of the hide in the fall of 1909 by testifying it was from one of his cows which died from injuries resulting from her being struck by a train. The state's evidence, if true, quite clearly shows this explanation to be false; it appearing the cow referred to was killed and the hide removed from the carcass in April, 1909. Appellant denied taking the steer and denied admitting he had done so. There was some testimony to the effect that his reputation had previously been good.
1. It is insisted there is no evidence to support the verdict. The argument is that there is no sufficient corroboration of " the...
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