State v. Solon
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Eon. William T. Ragland, Judge. (1) The court abused the discretion the law gives it in permitting respondent to re-open the case after the demurrer bad been filed challenging the sufficiency of the evidence. (2) There is no evidence to support the verdict and the peremptory instructions asked at the close of the case in chief should have been given.
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Appeal from Monroe Circuit Court. — Eon. William T. Ragland, Judge. (1) The court abused the discretion the law gives it in permitting respondent to re-open the case after the demurrer bad been filed challenging the sufficiency of the evidence. (2) There is no evidence to support the verdict and the peremptory instructions asked at the close of the case in chief should have been given. The table, as shown by the testimony in the case, is not a gambling device within the meaning of Sec. 475, R. S. 1909. State v. Etchman, 184 Mo. 193; State v. Mathis, 206 Mo. 604. (3) The demurrer should have…
1Opinion of the CourtFaris, J.
Prosecution under section 4750, Revised Statutes 1909, which comes up upon an appeal by defendant from the circuit court of Monroe county. The information is in two counts, the first of which information. charges defendant with setting’ up and keep- - , . . , I T t T T mg a certain gaming table, and gambling device, to-wit, “one crap table, commonly so called, upon which table dice were used.” But since defendant was acquitted upon this count.it need not be further referred to herein. The second count, omitting formal parts and caption, is as follows:
“And Ezra T. Fuller, prosecuting attorney…
2Cases cited6 opinions
- In Re MurphyCalifornia Supreme Court · 1900
- State v. CarraginSupreme Court of Missouri · 1908
- State v. CannonSupreme Court of Missouri · 1911
- State v. MathisSupreme Court of Missouri · 1907
- State v. HallSupreme Court of Missouri · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. PattonSupreme Court of Missouri · 1914
- Morris v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- State v. WadeSupreme Court of Missouri · 1916
- United States v. Matthew TrupianoCourt of Appeals for the Eighth Circuit · 1993
- State v. BrownSupreme Court of Kansas · 1925
2 more not listed; retrieve them via the Exa API.