State v. Montgomery
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Jno. W. Wofford, Judge. (1) The information charges that the money taken from Mills was his property. The evidence shows he had no interest in the same and that the taking was not in the presence of the true owner. Such variance is fatal.' State v. Lawler, 130 Mo. 366; State v. Morledge, 164 Mo. 522. (2) The court erred in giving State’s instruction 2. It is not predicated on the evidence.
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Appeal from Jackson Criminal Court. — Hon. Jno. W. Wofford, Judge. (1) The information charges that the money taken from Mills was his property. The evidence shows he had no interest in the same and that the taking was not in the presence of the true owner. Such variance is fatal.' State v. Lawler, 130 Mo. 366; State v. Morledge, 164 Mo. 522. (2) The court erred in giving State’s instruction 2. It is not predicated on the evidence. State v. Tice, 90 Mo. 112; State v. Chambers, 87 Mo. 409; State v. Thompson, 83 Mo. 260; State v. Parker, 106 Mo. 225; State v. Herrell, 97 Mo. 111. (3) The…
1Opinion of the CourtGantt, P. J.
The defendant .was convicted in the criminal court of Jackson county of robbery in the first degree and sentenced to ten years’ imprisonment in the penitentiary.
The information is in two counts, as follows:
“Now comes Roland Hughes, prosecuting attorney for the State of Missouri, in and for the body of the county of Jackson, and upon his official oath informs the court that O. Montgomery alias Prank Gale, whose Christian name in full is unknown to said prosecuting attorney, late of tbe county of Jackson aforesaid, on the 4th day of January, 1903, at the county of Jackson, State of Missouri, in…
2Cases cited9 opinions
- Hoagland v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1902
- State v. MooreSupreme Court of Missouri · 1890
- Commonwealth v. CullinsMassachusetts Supreme Judicial Court · 1804
- Brooks v. . the PeopleNew York Court of Appeals · 1872
- Rosencranz v. Swofford Bros. Dry Goods Co.Supreme Court of Missouri · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. JohnstoneSupreme Court of Missouri · 1960
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
- State v. ReichSupreme Court of Missouri · 1922
- State v. CraftSupreme Court of Missouri · 1923
- Barfield v. StateCourt of Criminal Appeals of Texas · 1939
20 more not listed; retrieve them via the Exa API.