State v. Washington

• Decision Date: 19 February 1930
• Docket Number: No. 30128.,30128.
• Citation: 24 S.W.2d 1010
• Parties: STATE v. WASHINGTON.
• Court: Missouri Supreme Court

24 S.W.2d 1010

STATE v. WASHINGTON.

No. 30128.

Supreme Court of Missouri, Division No. 2.

February 19, 1930.

Appeal from Circuit Court, Cooper County; H. J. Westhues, Judge.

George Washington was convicted of receiving stolen goods, and he appeals.

Affirmed.

J. E. Whitlow and W. H. Martin, both of Boonville, for appellant.

Stratton Shartel, Atty. Gen., and Smith B. Atwood, Asst. Atty. Gen., for the State.

HENWOOD, C.

By an information filed in the circuit court of Cooper county, the defendant was charged with receiving stolen goods of the value of $100, knowing the same to have been stolen. The jury found him guilty and assessed his punishment at imprisonment in the penitentiary for two years. He was sentenced accordingly, and appealed.

No bill of exceptions was filed, and the record proper only is here for our review. Nor has the defendant filed any brief.

Omitting formal parts, the information and the verdict read as follows:

"Comes now Walter D. Semple, Prosecuting Attorney within and for the County of Cooper and State of Missouri and leave of Court being first had and obtained to file the same, files an information and on his official oath of office and upon his knowledge, information and belief, informs the Court that one George Washington on or about the 1st day of March, 1929, at the County of Cooper and State of Missouri, certain goods, chattels and personal property, to-wit: One pair of ladies rubber shoes, one pair of shoes, one coat with fur collar, one blanket, one shirt, three sweaters, four lumber jackets, one Army shirt, of the value of $100.00 (one hundred dollars) the personal property of one George B. Foster, doing business as the Foster Mercantile Company, then lately before feloniously stolen, taken and carried away, unlawfully and feloniously did buy and receive; he, the said George Washington then and there well knowing the said goods and chattels to have been feloniously stolen, taken and carried away as aforesaid, against the peace and dignity of the State.

                             "Walter D. Semple
                                "Prosecuting Attorney."
                

"We, the jury, find the defendant guilty as charged in the information and assess his punishment at Two Years in the Penitentiary.

                                "J. G. Paxton, Foreman."
                

The information embodies every element of the offense sought to be charged, as defined by the statute, and is sufficient in form and in substance. Section 3331, R. S. 1919; State v. Johnson (Mo. Sup.) 285 S. W. 422; ...