State v. Bybee
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Hon. James H. Lay, Judge. (1) The court should have' granted a new trial on the ground of the newly discovered evidence. State v. Murry, 91 Mo. 95; State v. Bailey, 94 Mo. 311; Howland v. Reeves, 25 Mo. App. 458; Anderson v. State, 43 Oonn. 514; Wilcox Silver Plate Co. v. Barclay, 48 Hum. 56; Morse v. State, 108 Ind. 599; Kochel v. Bartlett, 88 Ind. 231; Wilson v. Plank, 41 Wis. 94.
1Opinion of the CourtGantt, P. J.
Defendant was indicted at the April term, 1897, of the Benton county circuit court for a felonious assault with intent to kill George England. The defendant was duly arraigned and the cause continued until April term, 1898, when he was tried and convicted and sentenced to the penitentiary for two years, from which he appeals.
The defendant and George England are farmers, living not far from each other in the south part of Benton county. On the morning of March 6 the difficulty occurred which resulted in defendant shooting at England three times with a revolver, and hitting him twice, one shot…
2Cases cited2 opinions
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- State v. WoodwardSupreme Court of Missouri · 1888
3Cited by7 opinions
- State v. GreenSupreme Court of Missouri · 1957
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- State v. WatsonSupreme Court of Missouri · 1966
- State v. SublettSupreme Court of Missouri · 1905
- State v. AllenMissouri Court of Appeals · 1903
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