State v. Dale
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. D. P. ' Stratton, Judge. (1) Crime may be established by circumstantial evidence, but the trial court should see to it that such evidence is cogent and convincing, and excludes all other reasonable hypotheses. Mere suspicion, however strong, will not supply the place of evidence when life or liberty is at stake.
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Appeal from Vernon Circuit Court. — Hon. D. P. ' Stratton, Judge. (1) Crime may be established by circumstantial evidence, but the trial court should see to it that such evidence is cogent and convincing, and excludes all other reasonable hypotheses. Mere suspicion, however strong, will not supply the place of evidence when life or liberty is at stake. State v. Jones, 106 Mo. 313. (2) The case should not have been submitted to the jury, and having been submitted they returned a verdict contrary to the evidence. To warrant such a verdict, the possession must have been recent, exclusive and…
1Opinion of the CourtSherwood, J.
— The defendant (a negro) under an indictment for burglary and larceny, was convicted of the former offense in the second degree, his punishment assessed at three years in the penitentiary, and he appeals to this court.
The indictment charges: “That Bud Dale on or about the twenty-seventh day of March, A. D. 1895, at the county of Vernon and State of Missouri, did then and there feloniously and burglariously break into and enter a certain building of A. E. Forderhase by then and there forcibly breaking the glass, and spreading the iron bars apart at the back ^ of the window of said *287building…
2Cases cited7 opinions
- State v. SchuchmannSupreme Court of Missouri · 1896
- State v. BarkerSupreme Court of Missouri · 1876
- State v. BabbSupreme Court of Missouri · 1882
- State v. SharpSupreme Court of Missouri · 1879
- State v. WammackSupreme Court of Missouri · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. EatonSupreme Court of Missouri · 1973
- Drinkard v. CommonwealthSupreme Court of Virginia · 1935
- Simpson v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Gunter v. StateSupreme Court of Arkansas · 1906
- State v. FoleySupreme Court of Missouri · 1913
3 more not listed; retrieve them via the Exa API.