Legal Opinion

State v. Ellis

Supreme Court of Missouri

Decided November 19, 1921PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Now. Benj. J. Klene, Judge. (1) Mere allegations of passion and prejudice present nothing for review. State v. McBrien, 265 Mo. 594, 604. (2) The court did not commit error in overruling appellant’s instruction in the nature of a demurrer requested by appellant at the close of the State’s testimony-in-chief. The record discloses that there is substantial evidence upon which to submit the case to the jury.

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Appeal from St. Louis City Circuit Court. — Now. Benj. J. Klene, Judge. (1) Mere allegations of passion and prejudice present nothing for review. State v. McBrien, 265 Mo. 594, 604. (2) The court did not commit error in overruling appellant’s instruction in the nature of a demurrer requested by appellant at the close of the State’s testimony-in-chief. The record discloses that there is substantial evidence upon which to submit the case to the jury. State v. DePriest, 232 S. W. 83; State v. Fields, 234 Mo. 615, 627; State v. James, 216 Mo. 394, 407; State v. Wooley, 215 Mo. 620, 687; State v.…

1Opinion of the Court

Appellant was one of four defendants charged with murder in the first degree for the killing of Henry Krallman at the City of St. Louis on the night of the 25th day of July, 1919. The information was of approved form and its sufficiency was never questioned.

Appellant had a severance, and upon his trial the jury returned a verdict of guilt for murder in the second degree only, and fixed his punishment at imprisonment in the penitentiary for a term of twenty-five years. His motion for a new trial, having been overruled, he perfected his appeal to this court, but has filed no brief and has made…

2Cases cited17 opinions

  1. State v. MillerSupreme Court of Missouri · 1900
  2. State v. SykesSupreme Court of Missouri · 1905
  3. State v. LackeySupreme Court of Missouri · 1910
  4. State v. FieldsSupreme Court of Missouri · 1911
  5. State v. MaggardSupreme Court of Missouri · 1913

12 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. StrongSupreme Court of Missouri · 1960
  2. State v. ParrSupreme Court of Missouri · 1922
  3. State v. MartinSupreme Court of Missouri · 1953
  4. State v. TaylorSupreme Court of Missouri · 1934
  5. State v. RichmondSupreme Court of Missouri · 1928

2 more not listed; retrieve them via the Exa API.

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