19 Mo. 227 | Mo. | 1853
delivered the opinion of the court.
The defendant was indicted with one Yalentine Burke, otherwise called Ringold, for grand larceny, at the September term of the Circuit Court of Pike county, A. D. 1853. The defendant was tried and found guilty. He moved for a new trial, which being overruled, he appealed to this court. The appellant relies, for a reversal, upon the acts of the court below in admitting a letter to be read to the jury ; in refusing to give the sixth instruction asked for by the appellant; and because the jury separated during the trial.
The witness said, it was directed to J. J. Patterson, Alton,
The instructions given by the court for the prisoner, as well as those for the State, contain a very full and fair exposition of the law arising on the facts in proof. Those for the defendant below are very favorable to him. The second, fourth and fifth were calculated to prevent the jury from coming to any improper conclusions against Barton. It seldom occurs to me to examine into a record of a criminal prosecution where the instructions more plainly point out and direct the jury under the law in regard to their verdict. The sixth instruction is the only one which was refused, and, in our opinion, this was properly refused. Barton was indicted as principal in the act of larceny as well as Ringold, alias Burke. Burke was not on
If there was no other testimony against Barton than the letter written to Patterson, who may be fairly presumed to be the Bingold or Burke who was in Louisiana, there would be some necessity to connect Ringold, to whom the letter may have been written, under the address of Patterson, with the person who committed the theft. But really we cannot see the propriety of this instruction, upon the case as made out. A witness proves that, about ten or eleven o’clock, at night, the night of the theft, Barton came to the bed where Ringold was asleep, and waked him up. He got up and they held a conversation, in a low tone, not understood by witness, then started out of the room and stopped a while. Ringold was gone some ten minutes and came back. Barton did not come back. Barton denies having any money ; he is searched, and four dollars, or rather two dollars and two five franc pieces found in his shoe. The person whose money was stolen swears he received that night, in change, two dollars and two five franc pieces. Why should an honest man carry four pieces of silver between the sole of his foot and his sock, in the village where ho is residing ?
Upon the whole case, this court is of opinion, that there is no error in the court below, and its judgment must be affirmed.