Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 178

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 178

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ... in arrest of judgment because the information was not verified as required by law. The offense charged is one involving the liberty of the citizen and the courts are not at liberty to disregard the safeguards which the Legislature has deemed essential prerequisites to a prosecution for crime. II. The defendant also urges error in the giving of the third instruction in these words: " The jury are instructed that a bailee in the present case is a person who hires a horse and either at the time of hiring or afterwards conceives a design of stealing him and actually converts him to his own use with the intent to convert to his own use, and the bailee in the present case is a person who is entrusted with the possession of a certain wagon and the horse mentioned in the testimony for the purpose of driving over the country selling sewing machines, and which personal property is to be returned to the owner when the agency for the sale of the sewing machine shall cease, if they shall believe from the evidence that the property was delivered to the defendant for that purpose, and that he was the agent of George Porth, the ou-ncr thereof, and that the property belonged to and was owned by the said George Porth, then the defendant is a bailee of said property." The objection that there was not a scintilla of evidence tending to show a hiring of the horse alleged to have been embezzled is well taken. We have gone carefully through the entire record, and there is no testimony of a hiring in it. This instruction is also obnoxious to the charge that it virtually assumed that Porth was the owner of the horse and wagon, whereas his ownership was contested throughout the trial, and there was much evidence tending to show that the horse and...
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Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236975634
  • 9781236975638