14 Mo. App. 226 | Mo. Ct. App. | 1883
delivered the opinion of the court.
The defendant was convicted of petit larceny in the St. Louis Court of Criminal Correction.. The information charges defendant with stealing a coat worth $25, and alleges that the offence was committed in the city of St. Louis. There was testimony tending to show that on the day named in the information, the prosecuting witness hung his coat on the rack in the hall of his boarding house, No. 1203 Washington Avenue, when he went to supper; that, when he came out from supper, the coat was gone; that the prosecuting witness, at half-past seven of the same evening, saw defendant in a second-hand shop on Christy Avenue, between Seventh and Eighth Streets, with' the coat in his hand ; that defendant ran away, and threw down the coat in his flight, having escaped from the prosecuting witness, who attempted to arrest him. The cause was tried by the court, which found defendant guilty of the charge.
The venue is laid in the city of St. Louis, and it is contended that there is no testimony tending to prove the venue, or that the offence was committed within the jurisdiction of the court.
It is true that no witness says in so many words that the offence was committed in the city of St. Louis. But this is not necessary. It is enough if the testimony was such as ought to have satisfied the trier of the fact that the place of the offence was that laid in the information. The State v. McGinniss, 74 Mo. 245; The State v. West, 69 Mo. 404. The case is not like The State v. McGinniss (supra), where the evidence was that the prosecuting witness lived in Clay County at the date of the trial, but there was nothing to show that he lived there at the date of the burglary, the venue being laid
We have read through the testimony, and are of opinion that it wai-rants the conviction.
Our attention is called to nothing in the record that warrants a reversal of the judgment. It is therefore affirmed,