State v. Shipley
Supreme Court of Missouri
Appeal from Polk Circuit Court. — -How. Argus Cox, Judge. The remarks of the prosecuting attorney in attacking defendant’s character when it had not been put in issue by him, coupled with the oral statement of the judge to the jury, was erroneous, and prejudicial to defendant and warrants a reversal of the judgment.
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Appeal from Polk Circuit Court. — -How. Argus Cox, Judge. The remarks of the prosecuting attorney in attacking defendant’s character when it had not been put in issue by him, coupled with the oral statement of the judge to the jury, was erroneous, and prejudicial to defendant and warrants a reversal of the judgment. State v. Hudspeth, 159 Mo. 207; State v. Young, 99 Mo. 683; State v. Jackson, 95 Mo. 653. The law is mandatory that instructions as to the law in criminal cases must be in writing. State v. Cooper, 45 Mo. 64; R. S. 1899, sec. 2639. If any error was committed by the prosecuting…
1Opinion of the CourtGantt, P. J.
This is a prosecution by information for a felonious assault in Polk county. The information is in approved form, and we discover no error in the record proper, though it is inartistic-ally made up.
The assault seems to have been one of the usual concomitants of a street fight at a saloon. The defendant and Ritter, the person assaulted, had been in the saloon drinking more or less. There is no evidence of any previous ill will or bad feeling between them. As they came out of the saloon that night, two boys or young men were engaged in a fight and had fallen or were on the ground and Ritter…
2Cases cited1 opinion
- State v. CooperSupreme Court of Missouri · 1869
3Cited by25 opinions
- State v. SelleSupreme Court of Missouri · 1963
- State v. PinkstonSupreme Court of Missouri · 1935
- State v. LentzSupreme Court of Missouri · 1904
- State v. D'IppolitoSupreme Court of New Jersey · 1955
- Kansas City v. MartinMissouri Court of Appeals · 1963
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