State v. Gebey
State v. Gebey
Opinion of the Court
On the 5th day of October, 1904, the circuit attorney of the city of St. Louis filed an information, duly verified, in the circuit court of said city charging the defendant and one Dennis Collins with larceny from the person of Franklin H. Seiss, in the nighttime, to-wit, the stealing of a pocket-hook and forty dollars in money, on October 2, 1904. Thereafter, on motion of defendant Gebey, a severance and separate trial was granted him, the trial resulting in his conviction by .a jury of the offense charged against him and the fixing of his punishment at imprisonment in the penitentiary for a term of five years. Defendant in due time thereafter filed motions for new trial and in arrest, which were overruled by the court, and he appealed.
The facts are about as follows: On October % 1904, Dr. Franklin H. Seiss and his wife had been for
Defendant offered no evidence, but at the close of the State’s case he asked an instruction in the nature of a demurrer to the evidence, which was refused, and he excepted.
The defendant is not represented in this court. The information is in approved form and properly verified. The only point raised by the motion for a new trial, worthy of consideration, is that which challenges the sufficiency of the evidence to support the verdict; but we think the evidence was amply sufficient. The ownership and the contents and value of the pocket-book were conclusively proven, as was also the recent possession thereof by defendant, as well as his attempt to get rid of the same. The unshaken testimony of Casper Pohl, the mate of the boat, was that he saw the defendant, while in the hands of the police
The judgment is affirmed.
Reference
- Full Case Name
- State v. GEBEY
- Status
- Published