State v. Hollis
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) The State in this case relied for conviction solely upon circumstantial evidence. In an attempt to prove that the defendant Idlled the hog, the State offered circumstantial evidence to show the defendant had buried the hog, but there was no circumstance in evidence to’ connect the defendant with the killing of the hog.
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Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) The State in this case relied for conviction solely upon circumstantial evidence. In an attempt to prove that the defendant Idlled the hog, the State offered circumstantial evidence to show the defendant had buried the hog, but there was no circumstance in evidence to’ connect the defendant with the killing of the hog. In other words, the State undertakes,to base one presumption upon another presumption. If the State had proved as a fact that the defendant had buried the hog, then it might be presumed or inferred that…
1Opinion of the Court
The defendant was tried and convicted in the Circuit Court of Pemiscot County for killing a hog, the property of G.C. Wilson, his punishment assessed at fifty dollars' fine, and he has appealed from the judgment thereupon rendered. The statute which the appellant was charged with violating, Section 4627, Revised Statutes 1909, declares it a crime punishable by imprisonment in the penitentiary, wilfully, maliciously or cruelly to kill, maim, wound or beat certain animals, including hogs.
In the fall of 1919 the defendant L.E. Hollis, and G.C. Wilson, lived on adjoining farms in Pemiscot County.…
2Cases cited1 opinion
- State v. Nave.Supreme Court of Missouri · 1920
3Cited by8 opinions
- Kramer v. Kansas City Power & Light Co.Supreme Court of Missouri · 1925
- State v. SingletonSupreme Court of Missouri · 1922
- J. A. T. v. StateCourt of Appeals of Georgia · 1975
- State v. CappsSupreme Court of Missouri · 1925
- State v. GoddardSupreme Court of Missouri · 1926
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