State v. Carr
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. (2) The court erred in instructing the jury that they should consider the evidence as to a former conviction, either for the purpose of fixing the punishment, or, for the purpose of discrediting the defendant as a witness.
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Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. (2) The court erred in instructing the jury that they should consider the evidence as to a former conviction, either for the purpose of fixing the punishment, or, for the purpose of discrediting the defendant as a witness. (3) The court erred in instructing the jury for attempted burglary when the evidence shows the offense was complete. (1) Where there is evidence of any materiality showing or tending to impute guilt, the court will not interfere…
1Opinion of the CourtQ-antt, P. J.
At the April term, 1897, of the circuit court of the city of St. Louis, defendant was indicted for burglary in the second degree as an habitual criminal, and was convicted and sentenced to the penitentiary for ten years.
The indictment is in all respects sufficient to charge both the burglary, and that defendant was an habitual criminal. State v. Austin, 113 Mo. 538.
No error is perceived or assigned upon the record proper.
It is insisted, first, that there was no evidence to sustain the charge in the indictment. We can not assent to this. It was established beyond all doubt that the door of the…
2Cases cited1 opinion
- State v. AustinSupreme Court of Missouri · 1893
3Cited by14 opinions
- State v. PigquesSupreme Court of Missouri · 1958
- State v. SaundersSupreme Court of Missouri · 1921
- State v. WhitakerSupreme Court of Missouri · 1955
- State Ex Rel. Buder v. HackmannSupreme Court of Missouri · 1924
- State v. BallSupreme Court of Missouri · 1968
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