Whitney v. State
Supreme Court of Missouri
APPEAL from Howard Circuit Court. The counsel of Whitney insist that the Circuit Court ought to have set aside the verdict, and granted a new trial, for the following réasons, to wit:— 1. Because the verdict was against the instructions of the court. 2. Because the verdict was against, the third and fourth instructions given by the court, on the part of Whitney. 3. Because the court erred in giving the fifth instruction asked on the part of the State. 4. Because a member of…
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APPEAL from Howard Circuit Court. The counsel of Whitney insist that the Circuit Court ought to have set aside the verdict, and granted a new trial, for the following réasons, to wit:— 1. Because the verdict was against the instructions of the court. 2. Because the verdict was against, the third and fourth instructions given by the court, on the part of Whitney. 3. Because the court erred in giving the fifth instruction asked on the part of the State. 4. Because a member of the jury separated himself from his fellows for more than one half hour, and went out of town without thé consent of the…
1Opinion of the CourtNapton, J.
The appellant, together with one Coleman Whitney, was indicted by the grand jury of Howard county, for stealing a horse. The indictment contained three counts; the first, charging the defendants with stealing the horse; the second, charging that some person unknown stole the horse, and that the defendants received the horse, knowing him to have been stolen; and the third count, charging that Coleman Whitney, one of the defendants, stole the horse, and that the appellant, Wade H., received the same, knowing him to have been stolen.
Coleman Whitney was not served with process: the appellant…
2Cited by14 opinions
- State v. OrrickSupreme Court of Missouri · 1891
- State v. JeffriesSupreme Court of Missouri · 1908
- State v. MurraySupreme Court of Missouri · 1886
- State v. CarlisleSupreme Court of Missouri · 1874
- Matson v. PearsonMissouri Court of Appeals · 1906
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