State v. Milligan
Supreme Court of Missouri
Appeal from Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) In the instruction given on the part of the State, over the objection of the defendant, the court, after attempting to define the offense charged in the indictment, directs the jury that if they find the defendant guilty they will assess his punishment at imprisonment in the penitentiary for a term not less than five years, nor more than ten years. This instruction constituted reversible error.
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Appeal from Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) In the instruction given on the part of the State, over the objection of the defendant, the court, after attempting to define the offense charged in the indictment, directs the jury that if they find the defendant guilty they will assess his punishment at imprisonment in the penitentiary for a term not less than five years, nor more than ten years. This instruction constituted reversible error. State v. Sands, 77 Mo. 118; State v. McNally, 87 Mo. 658; State v. Tull, 119 Mo. 421. (2) Instruction 2, on the part of the State, is…
1Opinion of the CourtBurgess, J.
Defendant was convicted and Ms pnnisMnent fixed at imprisonment in the penitentiary for the term of five years under 'an indictment charging him with forging a promissory note. He appeals.
The indictment, so far as is necessary to quote it, reads as follows: "That E. P. Milligan, on the 20th day of September, A. D. 1898, at the said county of Harsison, did then and there, unlawfully, and feloniously forge, counterfeit, and falsely make a certain instrument in writing, to-wit, a promissory note, purporting to he the act of S. H. Hefner and R. W. Buzzard, by which a pecuniary demand and…
2Cases cited5 opinions
- State v. McNallySupreme Court of Missouri · 1885
- State v. YergerSupreme Court of Missouri · 1885
- State v. SandsSupreme Court of Missouri · 1882
- State v. TullSupreme Court of Missouri · 1894
- State v. BurdSupreme Court of Missouri · 1893
3Cited by17 opinions
- State v. ClineSupreme Court of Missouri · 1991
- State v. FosterSupreme Court of Missouri · 1946
- Bowen v. StateCourt of Appeals of Maryland · 1978
- Urciolo v. StateCourt of Appeals of Maryland · 1974
- State v. BevinsSupreme Court of Missouri · 1931
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