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19 Mo. 247

State v. Gresser

Supreme Court of Missouri

Decided October 15, 1853

Supreme Court of Missouri · decided 1853-10-15

•Appeal from St. Louis Criminal Court. Gresser was indicted for grand larceny, for stealing a cow, of the value of twenty dollars. The owner of the cow testified that he turned her out to graze upon the commons, and two or three days afterwards found her dead and partly cut up near the soap factory of one Kohler. Information derived from Kohler led him to go to the defendant and accuse him of stealing the cow.

Good law ✅— No negative treatment on recordhow we know

Decided 1853-10-15

How this case has been cited

Cited by 4 later decisions — most recently November 1914

4 state decisions

101853186018701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ryland, Judge.

¶1From the statement of the facts in evidence in this case, it will at once be seen, that the instructions prayed for, on the part of the defendant, should have been given. These instructions became proper and necessary, especially after those given by the court for the State.

¶2In looking into the evidence, as preserved by the bill of exceptions, the mind of one' accustomed to judicial proceedings, especially in criminal cases, becomes somewhat at a loss to account for the conviction of this defendant. We have not yet reached the era in the administration of criminal law, in which it becomes necsssary only to accuse in order to convict. Some proof of guilt is still required.

¶3*249In this case, the Criminal Court should have granted a new trial at once, for there is scarcely a pretence for the conviction. The judgment is reversed,

the other judges concurring.
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