80 Mo. 53 | Mo. | 1883
The defendant was indicted for and convicted of a larceny from a dwelling-house. There was no evidence of any burglarious entry, nor was there any testimony showing that inner doors or drawers had been opened by means of burglarious instruments, although divers rooms, closets and drawers were shown to have been ransacked and various articles of dress and ornament abstracted. The defendant was arrested in the vicinity of the locus delicti immediately after the commission of the larceny, under suspicious circumstances tending to connect him with the crime. Certain implements were found in his possession at the time of his arrest, which were thus de
The court of appeals, while recognizing the correctness of this decision, observes in its opinion: “ If there was no probable connection between the possession of these tools and the offense committed, then the introduction of this testimony would have been error. To this extent the
¥e do not regard these views as being entirely in harmony with the doctrine announced in the People v. Winters, as it does not appear that the larceny in the present case was committed by the aid of any tools or implements such as were found in the possession of the defendant. We fully concur, however, m the views expressed by the court of appeals, and feel constrained to withhold our approval irom the doctrine of the case cited. If a burglary has been committed without the aid of burglarious instruments, as
The judgment of the court of appeals affirming that of the criminal court is hereby affirmed.