State v. Myers
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. T. H. Bacon, Judge. The new trial should have been awarded on the ground of newly discovered evidence. The facts of the case met the requirements of the rule laid down in State v. Pay, 53 Mo. 345. Although the courts regard with disfavor applications of this kind, the courts have-not refused in proper cases to grant the second trial.
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Appeal from Hannibal Court of Common Pleas. — Hon. T. H. Bacon, Judge. The new trial should have been awarded on the ground of newly discovered evidence. The facts of the case met the requirements of the rule laid down in State v. Pay, 53 Mo. 345. Although the courts regard with disfavor applications of this kind, the courts have-not refused in proper cases to grant the second trial. State v. Murray, 95 Mo. 103; State v. Wheeler, 94 Mo. 252; State v. Bailey, 94 Mo. 311. The motion of defendant for a new trial upon the ground of newly discovered evidence was properly overruled. Defendant does…
1Opinion of the CourtBurgess, J.
At the May term, 1892, of the Hannibal court of common pleas, the defendant was tried and convicted for bribing a witness, one Green Williams, and his punishment fixed at two years imprisonment in the penitentiary.
At the September term, 1890, of the Hannibal court of common pleas, there was an indictment and cause pending and set for trial in which the state was plaintiff and John Hunn. and Jesse Hunn defendants, in which defendants were charged with robbing one Green Williams, who was the prosecuting witness, and whose testimony was material and important. After the parties had announced…
2Cases cited4 opinions
- State v. WelsorSupreme Court of Missouri · 1893
- State v. McLaughlinSupreme Court of Missouri · 1858
- State v. RaySupreme Court of Missouri · 1873
- State v. ButlerSupreme Court of Missouri · 1877
3Cited by6 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Willis v. Lafayette-Phoenix Garage Co.Court of Appeals of Kentucky · 1924
- Bresnan v. GroganMissouri Court of Appeals · 1898
- State v. FinnSupreme Court of Missouri · 1906
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