State v. Steelman
| Decision Date | 05 June 1925 |
| Docket Number | 26086 |
| Citation | 273 S.W. 409 |
| Parties | STATE v. STEELMAN |
| Court | Missouri Supreme Court |
Robert W. Otto, Atty. Gen., and J. Henry Caruthers, Asst. Atty Gen., for the State.
The defendant, by information filed with the circuit clerk of Shannon county, was charged with burglary and larceny. On trial, September 19, 1924, he was found guilty of larceny and his punishment assessed at two years' imprisonment in the penitentiary. He appealed.
The evidence showed that one Clarence Wallace, in June, 1924 owned a controlling interest in a club house on Current river, in Shannon county. He owned and kept stored in the club house dishes, fishing rod, reel, minnow trap, and other articles used in fishing. He saw these articles in the club house on the 1st day of June, 1924. He returned July 24, and found the doors of the club house open, and one window taken out and set aside. Many of his articles were gone, including his reel and rod, minnow trap, lantern, and some dishes and cooking utensils. Other evidence showed that the club house was closed and locked up to a very few days before July 24.
In September the deputy sheriff, in a search of defendant's home, found articles like those which Wallace missed, bearing marks by which Wallace identified them as his. Defendant was arrested and, while being taken to the county seat by the sheriff, he said that the affair had got him in bad shape; that the truth of the matter was that his wife and little boy got the stuff, and he did not know what to do about it. He said that he took the minnow trap and put it in a fence corner near his potato patch. Later he directed the sheriff where he should find some of the articles. The sheriff did not find them there, but later found them where the wife and little boy of defendant showed him.
The defendant testified, denying that he broke into the club house and took the articles. His wife was sworn, and testified that she and her boy were picking berries near the club house, they saw the door standing open and went in and got the articles and took them away; that her husband had nothing to do with it, but when he came home told her to go and take them back. This she was unable to do because of an illness which followed.
The state offered evidence in rebuttal to show that defendant had said he was in pretty bad trouble; he would have to have his wife bear the blame or he would go to the...
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