State v. Rhodes
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. Allegations must be proved as alleged in tbe information either literally or substantially as set out, and any variance of substance between the information and evidence in this respect will be fatal.
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Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. Allegations must be proved as alleged in tbe information either literally or substantially as set out, and any variance of substance between the information and evidence in this respect will be fatal. State v. Frisby, 90' Mo. 533. It is not enough when defendant has made two contradictory statements to produce one in evidence to prove the other is false. 2 Wharton on Criminal Law, sec. 1317. When an indictment contains two assignments of perjury and only one is proved, a general verdict .of conviction will not be sustained. (1)…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment and sentence of the circuit court of Vernon county, wherein the defendant was convicted of perjury and sentenced to the penitentiary for seven years. The prosecution was commenced by an information filed by the prosécuting attorney of Vernon county on the 21st day of April, 1908. The defendant was duly arraigned and pleaded not guilty. In due time after his conviction he filed his motions for new trial and in arrest of judgment, which were overruled, and having been sentenced in accordance with the verdict of the jury he appealed to this court.
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2Cases cited4 opinions
- State v. KeelSupreme Court of Missouri · 1873
- State v. HuckebySupreme Court of Missouri · 1885
- State v. HoldenSupreme Court of Missouri · 1871
- State v. HerronSupreme Court of Missouri · 1906
3Cited by4 opinions
- State v. PfeiferSupreme Court of Missouri · 1916
- State v. BradfordSupreme Court of Missouri · 1926
- State v. BiedermannSupreme Court of Missouri · 1938
- State v. PalmerSupreme Court of Missouri · 1941