Legal Opinion

State v. Miller

Supreme Court of Missouri

Decided May 16, 1905PublishedCited by 7 opinions

Appeal from Jackson Criminal Court. — Hon. John W. Wolford, Judge. Under' onr statute “fleeing from justice” and “moving out of the State” are essentially different, and, in the words of this court, “In a word, would not advise him upon which alternative the State intended to rely.”

Read the full summary

Appeal from Jackson Criminal Court. — Hon. John W. Wolford, Judge. Under' onr statute “fleeing from justice” and “moving out of the State” are essentially different, and, in the words of this court, “In a word, would not advise him upon which alternative the State intended to rely.” State v. Snyder, 182 Mo. 462. At the trial we insisted that the burden of proof was upon the State to prove one or both, the alternatives which deprived the defendant of the benefit of the bar ■ of. the statute, “which otherwise stood confessed upon the record.” Snyder case, supra. (1) The court did not err in…

1Opinion of the CourtFox, J.

This cause is in this court by appeal on the part of the defendant from a conviction of grand larceny from the Jackson County Criminal Court. This prosecution is based upon an information duly verified by the prosecuting attorney of Jackson county, and is 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 the affidavit of Newton Vaughn herewith filed informs the court that Frank Miller, alias Frank Summers, alias Frank Munroe, ’whose true name in full is unknown to said prosecuting attorney, late of the…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. State v. SnyderSupreme Court of Missouri · 1904
  2. State v. FancherSupreme Court of Missouri · 1880
  3. State v. MurphySupreme Court of Missouri · 1871
  4. State v. ConnellySupreme Court of Missouri · 1880
  5. State v. HarvellSupreme Court of Missouri · 1886

3Cited by7 opinions

  1. State v. BakerSupreme Court of Missouri · 1915
  2. Ferebee v. United StatesCourt of Appeals for the Fourth Circuit · 1924
  3. State v. SpanoSupreme Court of Missouri · 1928
  4. State v. WilliamsSuperior Court of Delaware · 1949
  5. State v. ThomasMissouri Court of Appeals · 1922

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API