State v. McKenzie
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — -No». E. E. Porterfield, Judge. (1) Upon a casual examination of the application for continuance it will he seen that it is in regular form. In fact, Judge Porterfield overruled said application on the ground that the evidence contained in the affidavit was immaterial.
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Appeal from Jackson Criminal Court. — -No». E. E. Porterfield, Judge. (1) Upon a casual examination of the application for continuance it will he seen that it is in regular form. In fact, Judge Porterfield overruled said application on the ground that the evidence contained in the affidavit was immaterial. This ground is wholly untenable, since proof that deceased had a knife near his hand just after he fell shows plainly that he came from behind the counter around to the door to cut and injure defendant. The overruling of said application was plainly reversible error. State v. Farrow, 74 Mo.…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment of the criminal court of Jackson county, sentencing the defendant to imprisonment in the penitentiary for life, on a charge of murder in the first degree.
The prosecution was commenced by information filed by the prosecuting attorney on the 10th of November, 1908. The information is a full and complete charge of murder in the first degree, on the 23d day of October, 190*8, of one Samuel H. Moog, by the defendant Henry McKenzie, with a revolver. As the information is in the often approved form, it is unnecessary to set it forth at length.
The defendant was…
2Cases cited4 opinions
- State v. WalkerSupreme Court of Missouri · 1883
- State v. ElliottSupreme Court of Missouri · 1889
- State v. BarutioSupreme Court of Missouri · 1899
- State v. GoldsbySupreme Court of Missouri · 1908
3Cited by12 opinions
- State v. BongardSupreme Court of Missouri · 1932
- State v. RogersSupreme Court of Missouri · 1913
- State v. WarrenSupreme Court of Missouri · 1930
- State v. MurphySupreme Court of Missouri · 1922
- State v. DuffSupreme Court of Missouri · 1913
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