Legal Opinion

State v. Lewkowitz

Supreme Court of Missouri

Decided July 6, 1915PublishedCited by 7 opinions

Appeal from Jackson Criminal Court. — Hon. Ralph 8. Latshaw, Judge. (1) The court erred in overruling defendant’s application for a continuance. State v.. Lewis, 74 .Mo. 222. (2) The court erred in permitting the prosecuting attorney in his opening statement to make remarks which were prejudicial to the accused, not founded upon any admissible evidence, and in permitting the prosecuting attorney to make a statement which was argumentative in its nature.

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Appeal from Jackson Criminal Court. — Hon. Ralph 8. Latshaw, Judge. (1) The court erred in overruling defendant’s application for a continuance. State v.. Lewis, 74 .Mo. 222. (2) The court erred in permitting the prosecuting attorney in his opening statement to make remarks which were prejudicial to the accused, not founded upon any admissible evidence, and in permitting the prosecuting attorney to make a statement which was argumentative in its nature. State v. Jackson, 95 Mo. 653; State v. Stubblefield, 157 Mo. 365; Glover v. Railroad, 129 Mo. App. 575. (3) The appellate court will…

1Opinion of the Court

ROY, C.

Defendant, having been sentenced to ninety-nine years in the penitentiary on a conviction of rape, has appealed.

The offense was committed (if at all) on March 9, 1914, between five-fifteen and six o’clock p. m. at 1224 Grand Avenue, Kansas City. The evidence tends to inculpate at least five men.

The information in the case was filed on March 24, 1914, and the trial was begun on April 27, 1914. Another information was filed against Yic Gueringer, Thomas Kinevan, Leo Brennan and Oscar Harrison. From a conviction under that information Harrison appealed to this court. The opinion affirming…

2Cases cited25 opinions

  1. State v. FairlambSupreme Court of Missouri · 1894
  2. State v. LoweSupreme Court of Missouri · 1887
  3. Easley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
  4. State v. JonesSupreme Court of Missouri · 1875
  5. State v. MatthewsSupreme Court of Missouri · 1854

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3Cited by7 opinions

  1. State v. WardSupreme Court of Missouri · 1970
  2. Jenkins v. CommonwealthSupreme Court of Virginia · 1922
  3. State v. AdamsSupreme Court of Missouri · 1964
  4. John Hilary Durham v. Donald W. Wyrick, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1976
  5. State v. GuerringerSupreme Court of Missouri · 1915

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