State v. McGrath
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. George R. Shields, Judge. (1) The trial court erred in permitting certain witnesses to testify as to how they voted, or for what candidates, at the primary; not from positive knowledge, nor upon positive assertion, bnt from indistinct recollection, pure guesswork, and in some instances where the witnesses admitted that they were not sure.
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Appeal from St. Louis City Circuit Court. — Ron. George R. Shields, Judge. (1) The trial court erred in permitting certain witnesses to testify as to how they voted, or for what candidates, at the primary; not from positive knowledge, nor upon positive assertion, bnt from indistinct recollection, pure guesswork, and in some instances where the witnesses admitted that they were not sure. The indictment affirmed positively that certain ballots were fradulently counted for certain candidates, when in fact they were cast for other persons; and this was a case for positive affirmative proof of the…
1Opinion of the CourtGantt, P. J.
The defendant was indicted, with others, at the June term, 1908, of the circuit court of the city of St. Louis, with having, as one of the judges of the election, at the “general primary” held in the city of St. Louis on August 4, 1908, made a false and fraudulent return. A demurrrer to the indictment was overruled and defendant was arraigned and pleaded not guilty. At the October term he was tried and convicted and his punishment assessed at four years'in the penitentiary. His motions for new trial and in arrest were beard and overruled, and from the sentence imposed he has appealed to this…
2Cases cited17 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- Evans v. Town of TrentonSupreme Court of Missouri · 1892
- State v. KruegerSupreme Court of Missouri · 1896
- State v. WeaverSupreme Court of Missouri · 1901
- State v. SakowskiSupreme Court of Missouri · 1905
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3Cited by9 opinions
- State v. McCloudMissouri Court of Appeals · 1958
- State v. BurnsSupreme Court of Missouri · 1921
- State v. WellsSupreme Court of Missouri · 1957
- State v. ReynoldsMissouri Court of Appeals · 1955
- State v. KinerSupreme Court of Missouri · 1969
4 more not listed; retrieve them via the Exa API.