247 Mo. 600 | Mo. | 1913
From a judgment of the circuit court of the city of St. Louis sentencing defendant to imprisonment in the penitentiary for burglary in the second degree, and grand larceny, he appeals to this court.
The information charged the defendant with burglary in the second degree and larceny in having on the 20th day of May, 1911, entered the store, shop or building of one Albert Stone, with intent to steal personal property therein, and in then and there stealing, taking, and carrying away thirty dollars, lawful money of the United States.
The defendant was arraigned on the 26th day of June, 1911, in the circuit court of.the city of St. Louis and entered a plea of not guilty. On the succeeding day he was put upon his trial before a jury, which, after hearing the evidence and receiving the instructions of the court, found-him guilty as charged and assessed his punishment at imprisonment in the penitentiary for a term of two years for the burglary and for an additional term of two years for grand larceny. After ineffectual motions for a new trial and in arrest of judgment, he appealed to this court.
The evidence for the State disclosed that during the month of May, 1911, Albert Stone was engaged in business as a confectioner, at 2001 Park Avenue, city of St. Louis; that at the time mentioned in the information there was in Stone’s store building, in addition to the usual fixtures and merchandise incident to this character of business, a cash register in which there was a number of bills in paper money, and thirty dollars in silver, the latter consisting of dollars, half-
Eoy Alexander testified that he accompanied the defendant to his room at about twelve o’clock, saw him enter same, and did not see him any more until sometime the next day, in fact until after he was under arrest. The whereabouts of the defendant from the time he went to his room at twelve o’clock on the night of May 19, 1911, are not accounted for, except by his testimony, until about 4:45 o’clock the next morning when he was seen by Marshall, the newspaper carrier, and Moore, the mortorman, near and in the vestibule of Stone’s store; defendant denies that he was at the store at the time stated by these witnesses. A number of other witneses testified on behalf of the defendant principally to the effect that at different
Defendant bad served a term in tbe workhouse. Other than as an occasional assistant at bis brother’s pool room be bad no vocation.
Tbe court instructed tbe jury on burglary in tbe second degree, and grand and petit larceny, and that they could find defendant guilty of both burglary as charged and larceny, or acquit him of one and find him guilty, of tbe other, or acquit of both, or, if tbe value of tbe .property was found to be less .than thirty dollars, if acquitted of tbe burglary and found guilty of larceny, tbe finding should be for petit larceny. Instructions were also given on tbe defense of alibi, presumption of innocence, reasonable doubt, tbe weight to be given to defendant’s own testimony, and tbe weight and credibility to be given to testimony of witnesses generally.
I. Tbe sufficiency of tbe information is challenged by tbe defendantit is drawn in one count and is bottomed on section 4520, Revised Statutes 1909; it states all tbe material facts necessary to constitute
Tbe information, therefore, is not subject to valid objection.
II. Tbe prosecution of tbe two offenses in tbe same court of tbe information is expressly authorized by section 4528, Revised Statutes 1909. Tbe procedure authorized by this section has been repeatedly
III.The objections made by defendant to the introduction of testimony on behalf of the State were purely technical. Great latitude was given the defendant in the introduction of testimony in his own
IV. Although the amount of money found on the defendant’s person corresponding in description to that taken from the cash register was only $14.15, it
V. The instructions given by the court on its own motion, none being asked by either the State or the defendant, clearly and fairly presented the law applicable to the case under the evidence, and are couched in language heretofore frequently approved
VI. The jury in their verdict found the defendant guilty of burglary in the second degree and larceny as charged in the information, and assessed his
There being no prejudicial error in this case, the judgment of the trial court is affirmed. Brown, P. J., and Faris, J., concur.