State v. Williams

• Decision Date: 20 November 1906
• Citation: 97 S.W. 562,199 Mo. 137
• Parties: STATE v. WILLIAMS.
• Court: Missouri Supreme Court

97 S.W. 562

199 Mo. 137

STATE v. WILLIAMS.

Supreme Court of Missouri. Division No. 2.

November 20, 1906.

1. CRIMINAL LAW — APPEAL — REVIEW — CONFLICTING TESTIMONY.

Where there is substantial testimony to support the findings of the jury, they will not

be disturbed for the reason that there was some conflict in the testimony.

2. SAME — NEW TRIAL — MOTION — NEW EVIDENCE.

The mere statement that new and material evidence has been discovered, without setting forth the nature and character of such evidence, is insufficient to warrant the court in granting a new trial.

3. LARCENY — ELEMENTS — ASPORTATION OF PROPERTY.

In a prosecution for larceny of harness, evidence that witness saw defendant lifting the harness off the hooks where it was hanging and that he then dropped the harness and ran was sufficient to show asportation of the property charged to have been stolen.

Appeal from St. Louis Circuit Court; Jas. E. Withrow, Judge.

Rube Williams was convicted of burglary and larceny, from which he appeals. Affirmed.

This cause comes here by appeal on the part of the defendant from a judgment of the circuit court of the city of St. Louis convicting him of burglary and larceny. The indictment upon which this prosecution is predicated is as follows: "State of Missouri, City of St. Louis. ss: Circuit Court, City of St. Louis, April Term, 1905. The grand jurors of the state of Missouri, within and for the body of the city of St. Louis, now here in court, duly impaneled, sworn and charged, upon their oath present, that Frank Smith and Rube Williams on the eighteenth day of March in the year of our Lord, one thousand nine hundred five at the city of St. Louis aforesaid, into a certain store, shop and building of William Ireland there situate and being, feloniously and burglariously, forcibly did break and enter with intent then and there and thereby feloniously and burglariously to steal, take and carry away certain goods, wares, merchandise, other valuable things, and personal property in the said store, shop and building, then and there kept and deposited, and in the said store, shop and building four set of harness, all of the value of forty dollars lawful money of the United States of the goods, wares merchandise, other valuable things and personal property of the said William Ireland, in the said store, shop and building, then and there being found, then and there feloniously and burglariously did steal, take and carry away, with the intent then and there to deprive the owner of the use thereof and to convert the same to his own use; against the peace and dignity of the state." A severence was granted the defendant and he was tried at the June term, 1905. The state's evidence tended to prove that William Ireland was in the teaming business, and that his stable was located at No. 1417 Gaty street, St. Louis. In this stable were kept a number of sets of harness, some feed, wagons and horses; the harness being worth between $40 and $50. At 7 p. m. on the evening of the alleged burglary said stable doors were closed and locked. Defendant had been in Mr. Ireland's employ, but had quit work about one week before, having had a misunderstanding with him over 25 cents. Frank Smith had also worked for Mr. Ireland and had quit a short time before. A little while after Mr. Ireland left his stable, one of the neighbors saw the defendant and Smith go to the stable door, try to pick the lock and then make a second effort to pick it. In a little while the door was opened, and the two men entered the stable. Mr. Ireland was notified and he and some other persons went in to the stable or barn and saw the defendants in the act of lifting the harness off the hooks, where it was hanging. Defendant and Smith dropped the harness and ran down the alley, but were captured a short distance away....