Legal Opinion

State v. Keeland

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 16 opinions

Appeal from Jasper Circuit Court. — Hon. M. G. MoGregor, Judge. Appellant made no objections at the time and saved no exceptions to the admission or éxclusion of evidence, or the giving or refusing of instructions, except an instruction in the nature of a demurrer to the evidence, and the court will not examine anything but the record proper and the demurrer to the evidence. State v. McDonald, 85 Mo. 539, and cases cited. The demurrer to the evidence was properly overruled.

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Appeal from Jasper Circuit Court. — Hon. M. G. MoGregor, Judge. Appellant made no objections at the time and saved no exceptions to the admission or éxclusion of evidence, or the giving or refusing of instructions, except an instruction in the nature of a demurrer to the evidence, and the court will not examine anything but the record proper and the demurrer to the evidence. State v. McDonald, 85 Mo. 539, and cases cited. The demurrer to the evidence was properly overruled. The record does not purport to preserve all the evidence, but enough is preserved to support the verdict. If this were…

1Opinion of the Court

Sherwood, J. —

The defendant was indicted, under section 1309, for stealing certain property and money *339from the person of one John Lacy in the night time. The indictment is sufficient under that section, and the •evidence, which appears in the record, supported the charge, except as to the venue of the offence; but as all the evidence is not copied in the bill of exceptions, it will be presumed the same was proved.

There was some evidence to show that the crime ■committed was robbery and not larceny, but this was immaterial under the provisions of Revised Statutes, section 1810. That section…

2Cases cited7 opinions

  1. Hickey v. StateIndiana Supreme Court · 1864
  2. State v. JenkinsSupreme Court of Missouri · 1865
  3. State v. BrannonSupreme Court of Missouri · 1874
  4. State v. ShoemakerSupreme Court of Missouri · 1841
  5. State v. DavidsonSupreme Court of Missouri · 1866

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

3Cited by16 opinions

  1. McCoy v. StateSupreme Court of Florida · 1898
  2. State v. JonesSupreme Court of Missouri · 1891
  3. State v. ParkerSupreme Court of Missouri · 1914
  4. State v. TalmageSupreme Court of Missouri · 1891
  5. State v. DimmickSupreme Court of Missouri · 1932

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

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