Legal Opinion

State v. Nave.

Supreme Court of Missouri

Decided June 4, 1920PublishedCited by 6 opinions

Appeal from Taney Circuit Court. — Hon. Fred Stewart, Judge. (1) This conversation between witness Combs and Willis Nave, the father of defendant, to the effect that they believed the defendant was guilty, had in the absence of the defendant, was incompetent for any purpose and wholly inadmissible and highly prejudicial. (2) Taking all the testimony in connection, it is not sufficient to warrant a conviction under the law.

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Appeal from Taney Circuit Court. — Hon. Fred Stewart, Judge. (1) This conversation between witness Combs and Willis Nave, the father of defendant, to the effect that they believed the defendant was guilty, had in the absence of the defendant, was incompetent for any purpose and wholly inadmissible and highly prejudicial. (2) Taking all the testimony in connection, it is not sufficient to warrant a conviction under the law. The testimony is purely circumstantial and does not establish the corpus delicti, which is necessary in all cases to sustain a conviction. (3) Mere suspicion, however…

1Opinion of the Court

The defendant was indicted in the Circuit Court of Taney County on a charge of grand larceny, was convicted April 24, 1919, and his punishment assessed at two years' imprisonment in the State Penitentiary, and appealed.

Defendant was charged with stealing two mules that belonged to James Beck. Beck lived just within the State of Arkansas, about three miles from Protem, Missouri. On the night of August 11, 1916, which was said by the witnesses to be Friday night, two bay mules belonging to Beck disappeared and he was unable to find them. About six weeks later he learned they were at the barn of…

2Cases cited2 opinions

  1. McFadin v. CatronSupreme Court of Missouri · 1894
  2. Hamburger v. RinkelSupreme Court of Missouri · 1901

3Cited by6 opinions

  1. State v. McGeeSupreme Court of Missouri · 1935
  2. State v. VaughnSupreme Court of Missouri · 1973
  3. Bright v. WheelockSupreme Court of Missouri · 1929
  4. State v. CarollaSupreme Court of Missouri · 1926
  5. State v. HollisSupreme Court of Missouri · 1920

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