State v. Nelson
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. D. A. DeArmond, Judge. (1) There is not a particle of testimony in the case tending to implicate defendant Robert Royston in the difficulty, or tending to prove that Royston was present at the difficulty by any common design had and formed by and between defendants previous to the difficulty, to rob Wm. D. Munson, or any other party.
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Appeal from Henry Circuit Court. — Hon. D. A. DeArmond, Judge. (1) There is not a particle of testimony in the case tending to implicate defendant Robert Royston in the difficulty, or tending to prove that Royston was present at the difficulty by any common design had and formed by and between defendants previous to the difficulty, to rob Wm. D. Munson, or any other party. (2) The court erred in ruling out the question propounded to John Munson, wherein said John Munson, one of the prosecuting witnesses in the case, and one of the men who claims to have been assaulted by defendants, was asked…
1Opinion of the CourtSherwood, J.
— I. The defendants, three negroes, were indicted for an assault with intent to rob one Wm. D. Munson. Tried upon this charge, they were convicted and their punishment assessed at five years each in the penitentiary. The testimony on the part of the state was sufficient to authorize the conviction of all the defendants ; Royston as well as the other two, because the testimony clearly shows that he was present assisting and abetting his co-defendants although he did not personally participate in the assault, made. The testimony of the defendants was contradictory of that of the state’s…
2Cases cited8 opinions
- State v. LoweSupreme Court of Missouri · 1887
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- State v. KelsoeSupreme Court of Missouri · 1882
- State v. CookSupreme Court of Missouri · 1875
- State v. MusickSupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. CrowSupreme Court of Missouri · 1891
- State v. MasseySupreme Court of Missouri · 1949
- State v. MintonSupreme Court of Missouri · 1893
- State v. MinorSupreme Court of Missouri · 1893
- State v. HuffSupreme Court of Missouri · 1901
1 more not listed; retrieve them via the Exa API.