State v. Donnegan

Decided March 15, 1863

Supreme Court of Missouri · decided 1863-03-15

<p>Practice, criminal. — Where a larceny of several articles of property is charged, the State may elect to prosecute for some and not for all.</p> <p>Practice, criminal. — Proof at the trial of the stealing of a gelding -will support an indictment for the larceny of a horse.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1863-03-15

How this case has been cited

Cited by 6 later decisions — most recently January 1917

6 state decisions

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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Bates, Judge,

¶1delivered the opinion of the court.

¶2The defendant was indicted for stealing a horse, mare, buggy and set of harness. Before the trial, the circuit attorney announced that he would not further prosecute the indictment against the defendant so far as the same relates to the charge of the larceny of the buggy and set pf harness.

¶3We cannot see that there was any error in this prejudicial to the defendant. At the trial, evidence was given of the larceny of a gelding, and objection was made that it did not support the indictment for stealing a horse. There is no force in the objection.

¶4Judgment affirmed.

Judges Bay and Dryden concur.