State v. Evans
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Thomas F. By an, Judge. . (1) The court erred in submitting the case to the jury and in failing to instruct the jury to find the defendant not guilty, which instruction was asked by defendant at the close of,,the State’s case, because the evidence was not sufficient to establish the contract of marriage.
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Appeal from Buchanan Circuit Court. — Hon. Thomas F. By an, Judge. . (1) The court erred in submitting the case to the jury and in failing to instruct the jury to find the defendant not guilty, which instruction was asked by defendant at the close of,,the State’s case, because the evidence was not sufficient to establish the contract of marriage. State v. Heed, 57 Mo. 252; State,v. Reeves, 97 Mo. 668; State v. Eckler, 106 Mo. 593; State v. Long, 238 Mo. 393; State v. Bruton, 253 Mo. 361. (2) The court erred in failing to fully cover all the law in the ease in the instructions given for that…
1ConcurrenceFaris, J.
(concurring except in paragraph seven) — I concur in the result of the able opinion of my learned brother Blair in this case, but I cannot consent to characterize the giving of the cautionary instruction as to the weight and credibility of the evidence of defendant as reversible error. So, I dissent to what is said on this question in paragraph 7 of Judge Blair’s opinion. I do this because the unsettling of this question would cause much uncertainty and result in the reversal of many cases unnecessarily. Aside from the statute, infra, I concede the logic of his arguments, and admit the…
2Cases cited9 opinions
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- State v. CookSupreme Court of Missouri · 1884
- State v. McGinnisSupreme Court of Missouri · 1882
- State v. ZornSupreme Court of Missouri · 1880
- State v. McDonoughSupreme Court of Missouri · 1911
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