State v. Cantrell
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Hon. E. M. Hearing, Judge. (1) Tlie court erred in giving instruction 1, for the reason that the testimony did not warrant the giving of said instruction. The testimony failed to show that the defendant used any force whatever in taking the money, watch or knife out of the pockets of Pressly, neither did he threaten him or put him in fear of any immediate danger whatever.
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Appeal from Jefferson Circuit Court. — Hon. E. M. Hearing, Judge. (1) Tlie court erred in giving instruction 1, for the reason that the testimony did not warrant the giving of said instruction. The testimony failed to show that the defendant used any force whatever in taking the money, watch or knife out of the pockets of Pressly, neither did he threaten him or put him in fear of any immediate danger whatever. In fact, the testimony on the part of the State showed, if true, that the defendant simply put his hands into the pocket of Pressly and took his money out of his pockets, with some…
1Opinion of the CourtHigbee, P. J.
The appellant, Elmer Cantrell, and two negroes Cecil Duboise and Archie Coleman, were jointly charged with robbery, in that they feloniously stole, took and carried away from the person of C. A. Pressly, against his will, by violence to his person, and by putting him in fear of some immediate injury to his person, one gold watch of the value of twenty dollars and forty dollars in lawful money, the property of said C. A. Pressly. A severance was granted, a trial was had, defendant was found guilty as charged and his punishment fixed at imprisonment in the penitentiary .for a term of five…
2Cases cited5 opinions
- State v. PalmerSupreme Court of Missouri · 1886
- State v. ParkerSupreme Court of Missouri · 1914
- State v. RutherfordSupreme Court of Missouri · 1899
- State v. HarrisSupreme Court of Missouri · 1911
- State v. SommersMissouri Court of Appeals · 1882
3Cited by8 opinions
- State v. LedbetterSupreme Court of Missouri · 1933
- State v. SlusherSupreme Court of Missouri · 1923
- State v. AtkinsMissouri Court of Appeals · 1977
- State v. JohnsonSupreme Court of Missouri · 1933
- State v. BroganSupreme Court of Missouri · 1973
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