State v. Maddox
Supreme Court of Missouri
Appeal from Shelby Circuit Cou/i't. — Hon. T-. H. Bacon, Judge. (1) The court erred in refusing the defendant a continuance. He had shown due diligence and the testimony was material to his defense, and it was a clear abuse of the trial court’s discretionary power and should not be upheld nor indorsed.
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Appeal from Shelby Circuit Cou/i't. — Hon. T-. H. Bacon, Judge. (1) The court erred in refusing the defendant a continuance. He had shown due diligence and the testimony was material to his defense, and it was a clear abuse of the trial court’s discretionary power and should not be upheld nor indorsed. (2) Instructions numbered 4 and 5, defining reasonable doubt, are confusing and are open to the objection of emphasizing the “mere possibility of innocence,” and instruction number 6 should not have been given, because it fritters away the benefits of the presumption of innocence. (3) The court…
1Opinion of the CourtG-antt, P. J.
The defendant was indicted by the grand jury of Ralls county on the twenty-fourth of March, 1891, together with Frank Whiteeotten, for robbery in the first degree of John L. McElroy on the night of the twenty-first day of December, 1890. The *670defendants were arraigned at the same, term, and by consent the cause was continued to the August term, which commenced August 24, 1891. At that term a change of venue was awarded to Shelby county. At the November term, 1891, of the Shelby circuit court a severance was granted, and the case as to the appellant, Morgan Maddox, was continued by order of the…
2Cases cited10 opinions
- State v. BerkleySupreme Court of Missouri · 1887
- State v. MaguireSupreme Court of Missouri · 1878
- State v. AndersonSupreme Court of Missouri · 1888
- State v. LewisSupreme Court of Missouri · 1881
- State v. WoodSupreme Court of Missouri · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- State v. Jackson.Supreme Court of Missouri · 1939
- State v. KauffmanSupreme Court of Missouri · 1932
- State v. CochranSupreme Court of Missouri · 1899
- State v. LynnSupreme Court of Missouri · 1902
7 more not listed; retrieve them via the Exa API.