State v. Spaugh
Supreme Court of Missouri
Appeal from Beynolds Circuit Court. — Now. Joseph J. Williams, Judge. (1) The court erred in not sustaining defendant’s demurrer to the State’s evidence at the close of the State’s case, for the reason that it was shown that the defendant and his brother, co-defendant, were both in the room at the time of the alleged crime, and there is grave donbt as to which was the slayer, and the defendant’s evidence tending to show that he had nothing to do with the killing, and because…
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Appeal from Beynolds Circuit Court. — Now. Joseph J. Williams, Judge. (1) The court erred in not sustaining defendant’s demurrer to the State’s evidence at the close of the State’s case, for the reason that it was shown that the defendant and his brother, co-defendant, were both in the room at the time of the alleged crime, and there is grave donbt as to which was the slayer, and the defendant’s evidence tending to show that he had nothing to do with the killing, and because it was not shown that they were confederates or that they were engaged in a common design, of which the offense was a…
1Opinion of the CourtGantt, J.
On June 9, 1905; the prosecuting attorney of Iron county filed an information, duly verified by his affidavit, wherein he charged the defendant William Spaugh, Jr., and Mary E. Spaugh and Arthur Spaugh with murder in the first degree, of one John W. Polk, in said county of Iron on the 25th day of May, 1905. The information was in four counts; the first count charged that the mortal wound was inflicted with a shot gun; the second count that the mortal wound was inflicted with a rifle; the third charged that the mortal wound was inflicted with a revolving pistol, and the fourth charged that the…
2Cases cited29 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- State v. PattersonSupreme Court of Missouri · 1881
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. WalkerSupreme Court of Missouri · 1888
- State v. HopperSupreme Court of Missouri · 1880
24 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. HydeSupreme Court of Missouri · 1911
- State v. ShawleySupreme Court of Missouri · 1933
- State v. BaylessSupreme Court of Missouri · 1951
- State v. GibilterraSupreme Court of Missouri · 1938
- State v. WilliamsonSupreme Court of Missouri · 1936
20 more not listed; retrieve them via the Exa API.