State v. Smith
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The court erred in refusing to give appellant’s requested instruction in the nature of a demurrer to the whole evidence, (a) The evidence tended to show that, if guilty at all, appellant was guilty of another and different offense than that with which he stood charged.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The court erred in refusing to give appellant’s requested instruction in the nature of a demurrer to the whole evidence, (a) The evidence tended to show that, if guilty at all, appellant was guilty of another and different offense than that with which he stood charged. E. S. 1899, secs. 1893, 1900, 1901; Constitution, art. 2, sees. 22 and 30; State v. Burks, 159 Mo. 568; State v. Brannon, 55 Mo. 63; State v. Pitts, 57 Mo. 85 ; State v. Smith, 119 Mo. 439'; State v. Craft, 72 Mo. 456; State v. Ellis, 74 Mo. 385. (b)…
1Opinion of the CourtFox, J.
This is an appeal by defendant from a conviction in the circuit court of the city of St. Louis oí larceny from the person in the nighttime. The judgment in this cause is predicated upon an information filed by the assistant circuit attorney, charging defend*709ant and one William. McHugh with larceny of four dollars from the person of one George Wagner in the nighttime. The offense was alleged to have been committed on November 23, 1903, and the information was duly accompanied by the affidavit of George Wagner. On January 20, 1904, a severance was granted and McHugh was first tried, and…
2Cases cited15 opinions
- State v. HameySupreme Court of Missouri · 1902
- People v. M'GowanNew York Supreme Court · 1837
- State v. SperitusSupreme Court of Missouri · 1905
- Hickey v. StateIndiana Supreme Court · 1864
- Bonsall v. StateIndiana Supreme Court · 1871
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. SperitusSupreme Court of Missouri · 1905
- State v. KoskySupreme Court of Missouri · 1905
- State v. SharpSupreme Court of Missouri · 1911
- State v. PageSupreme Court of Missouri · 1908
- State v. HunterNew Mexico Supreme Court · 1933
18 more not listed; retrieve them via the Exa API.