State v. Musick

The defendant was tried and found guilty on the third count of the indictment, which charged him with an assault upon one Hoffstetter and doing him great bodily harm by shooting him with a pistol. Hoffstetter and Jacob Reich both testified positively that defendant shot Hoffstetter. For defendant, Mu'sick, Patton, G-riger, Earn and Rosenthal testified that Musick did not, but that Patton did the shooting, and the only point relied upon by defendant’s attorney for a reversal, is that the verdict of the jury is against the evidence in the case. In the State v. Cook, 58 Mo. 548, this court held…