State Missouri v. Joseph Mccarthy Book Reviews

State Missouri v. Joseph Mccarthy by Supreme Court of Missouri Book Summary

Defendant was charged and convicted of the offense of stealing certain personal property of a value in excess of $50 in Buchanan
County and his punishment was assessed by a jury at two and one-half years in the Department of Corrections of this state.
Sections 560.156 and 560.161 RSMo [Laws 1955, p. 507; Laws 1957, p. 374] V.A.M.S. And see 216.208 RSMo [Laws 1957, p. 316];
State v. Cox, Mo. Sup., 333 S.W.2d 46, 50. The State's evidence tended to show that about 10:15 p.m. on the evening of June 4, 1958, two police officers of the City
of St. Joseph, while on duty, saw a pick-up truck parked on Cedar Street in that city between Fifth and Sixth Streets and
observed that it had no license plates on it; and there was no name on it to identify its owner. No one was in the cab of
the truck and there was nothing in the truck bed. They decided to watch the truck and, later, that evening they observed two
men enter the truck and drive away. The officers followed and saw the truck driven across a vacant lot that had been used
as a ball park and disappear in the darkness to the east. It went back in the direction of some railroad tracks. The officers
could not see the railroad tracks, nor the premises of the General Compressed Steel Corporation from Sixth Street, since there
were no street lights back in that area and the truck lights had been turned off. The officers parked some 200 yards away
and waited for about twenty-five minutes, until the truck emerged from the darkness and entered Atchison Street and turned
west on Atchison to Sixth Street. When the truck stopped at that intersection, the officers observed that the truck was half
loaded with scrap metal, motor starters, generators, etc. They asked defendant where he had gotten the metal and he said he
had been out in the country "junking" at some little towns up north and had picked it up. He said he had bought some of the
scrap metal up there early that evening and the evening before and had picked it up at different places. A man by the name
of Painter was driving the truck and claimed to own it. Both defendant and Painter were arrested and taken to the police station
and the truck was parked in front of the station. The next morning defendant told Chief of Police Starmer that he and Mr.
Painter had first gone over to the lot where the metal was located and had picked out what junk they wanted and had piled
it up. They then went back and loaded it on the truck and it was the junk they had on the truck at the time they were arrested.
Defendant said he took the metal from the General Compressed Steel Corporation lot in St. Joseph, Buchanan County. There was
other evidence as to the particular kind of scrap metal in the truck. The bed of the truck was about half full so that the
pile of metal was about 7 to 7-1/2 feet long by 5 to 5-1/2 feet wide and about 18 inches high. Photographs taken on the morning
of June 5, 1958, in front of the police station were in evidence, including one showing the contents of the truck bed.

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