17 Mo. 379 | Mo. | 1852
delivered the opinion of the court.
The attention of this court will be called to the instructions only, which the Criminal Court gave and refused to give on the trial in this' case.
The instructions refused appear in the above statement : those given are as follows : “ If the jury believe from the evidence, that the defendant, in St. Louis county, and within three years next preceding the finding of this indictment, did steal, take and carry away any of the bogs charged as the property of Frederick Price, of any value whatever, and that be did so steal for the purpose of converting the same to bis own use, they will find the defendant guilty of grand larceny.” The other instructions given have reference to the doctrine of possession of stolen property — of the punishment for grand larceny, and of doubt, &c.
The court erred in not giving the first instruction prayed for by the defendant, and for this its judgment must be reversed. The other judges concurring, the judgment is reversed and cause remanded.