153 Mo. App. 338 | Mo. Ct. App. | 1910
Defendant was convicted of the offense of petit larceny and from that judgment prosecutes an appeal.
One, David Sorrells,- from whom the money is alleged to have been stolen and in whom the property right is laid, gave testimony for the state as follows: Sorrells said he lived at the Buckingham Annex and upon leaving there about seven o’clock on the morning of July l'6th, he had a ten dollar bill in his pocketbook, which pocketbook he carried in his hip pocket. On arriving at Eighteenth street about seven-thirty, he left the Laclede car, on v^hich he was riding, with the purpose to transfer on a Park avenue car going north on Eighteenth street. Upon alighting from the Laclede car, he saw defendant and one, Downey, standing on the corner. When the Park avenue car approached from the south, he, in company with several others, was in the act of boarding the same and felt himself pushed by defendant and Downey immediately behind him and, indeed, felt defendant’s hand or arm in the region of his back. Both defendant and Downey boarded the car as he did and rode a couple of blocks north when
However, the judgment must be reversed for the reason the record is entirely barren as to the ownership of the ten dollar bill. The precise charge against defendant is that he stole ten dollars, lawful money of the United States, the property of David Sorrells, then and there being. Under any and every definition of the crime of larceny, the thing stolen must be the property of another though either a general or special ownership may be sufficient. [State v. Moore, 101 Mo. 316, 14
Because of the insufficiency of the proof as to own- ' ership of the bill, the judgment will be reversed and the cause remanded. It is so ordered.