Legal Opinion

State v. Valle

Supreme Court of Missouri

Decided May 22, 1906PublishedCited by 2 opinions

Appeal from St. Francois Circuit Court.— Hon. Robert A. Anthony, Judge. (1) Defendant’s refused instruction was properly refused, as it was contrary to defendant’s theory of the case. State v. Bailey, 190 Mo. 295 ; State v. Kloss, 117 Mo. 591; State v. .Lewis, 118 Mo. 83; State v. Gartrell, 171 Mo. 522; State v. Meadows, 156 N. T. 110. (2) Improper remarks of an attorney cannot be preserved by affidavits.

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Appeal from St. Francois Circuit Court.— Hon. Robert A. Anthony, Judge. (1) Defendant’s refused instruction was properly refused, as it was contrary to defendant’s theory of the case. State v. Bailey, 190 Mo. 295 ; State v. Kloss, 117 Mo. 591; State v. .Lewis, 118 Mo. 83; State v. Gartrell, 171 Mo. 522; State v. Meadows, 156 N. T. 110. (2) Improper remarks of an attorney cannot be preserved by affidavits. State v. McAfee, 148 Mo. 370; State v. Grant, 144 Mo. 66; State v. Lamb, 141 Mo. 298; State v. Meals, 184 Mo. 260; State v. Welsor, 117 Mo. 583; State v. MeCarver, 194 Mo. 717.

1Opinion of the CourtBurgess, P. J.

Defendant and one Clarence Mitchell were jointly indicted by the grand jury of St. Francois county, and'charged with burglary in the second degree for breaking into a jewelry store belonging to one James Covington on the 5th day of November, 1903. On August 4,1904, defendant was put upon trial in the circuit court of said county, found guilty by the jury, and his punishment assessed at three years’ imprisonment in the penitentiary. After unavailing motions for new trial and in arrest, defendant appeals.. Briefly stated, the facts are as follows: James W Covington owned a jewelry store in the…

2Cases cited5 opinions

  1. State v. McCarverSupreme Court of Missouri · 1906
  2. State v. LambSupreme Court of Missouri · 1897
  3. State v. McAfeeSupreme Court of Missouri · 1899
  4. State v. TyrrellSupreme Court of Missouri · 1889
  5. State v. WatsonSupreme Court of Missouri · 1897

3Cited by2 opinions

  1. State v. ShelbySupreme Court of Missouri · 1933
  2. State v. ChenaultSupreme Court of Missouri · 1908

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