Legal Opinion

State v. Smith

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 7 opinions

Appeal from Mississippi Circuit Court.—Hon. David L. Hawkins, Judge. J. L. Smith, Attorney General, for the State, cited M-ft M. Ins. Go. v. Curran, 45 Mo. 142; Goff v. Mulholland, 33 Mo. 203 ; Miller v. Whitson, 40 Mo. 97; Dear v. State, 14 Mo. 348; Jaeeard v. Dar,is, 43 Mo. 535 ; Phillips v. Phillips, .46 Mo. 607.

1Opinion of the CourtHenry, J.

All the instructions, which were asked for by defendant, were given except one, and that was properly refused, because the substance of the refused instruction, had already, and in a much better form, been given in the second instruction of the court for the defendant. There was no error in the instructions given for the State; and the refusal of the court to set aside th'e verdict and grant a new trial, on the ground of newly discovered evidence, was proper. The ground alleged in the motion was, that Andrew Welch committed perjury on the trial of the cause, and that, on a new trial,…

2Cited by7 opinions

  1. Bus Employees v. MissouriSupreme Court of the United States · 1963
  2. Hellman v. ShoultersCalifornia Supreme Court · 1896
  3. Summers v. Metropolitan Life Ins.Missouri Court of Appeals · 1901
  4. State v. ComptonSouth Dakota Supreme Court · 1925
  5. Roach v. ColbernSupreme Court of Missouri · 1882

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