State v. Waters
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The motion for new trial should have been sustained on the ground of the newly discovered evidence.
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Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The motion for new trial should have been sustained on the ground of the newly discovered evidence. It is not a question whether the trial judge himself believed the affidavit; his views of the matter are impertinent; the true question is: is the evidence of such a character as might influence a fair and dispassionate jury, triers of the fact, to lean to the reasonable doubt in favor of the accused to which he is entitled. If so, the new trial should be granted. (2) The court erred in admitting the evidence…
1Opinion of the CourtG-antt, P. J.
—The defendant, on a charge of robbery of one Moore, was convicted in the circuit court of the city of St. Louis. The indictment is as follows:
“The grand jurors of the State of Missouri, within and for the body of the city of St. Louis, now here in court, duly empaneled, sworn and charged, iipon their oath present that John Waters, on the sixteenth day of November in the year of our Lord one thousand eight hundred and ninety-one, at the city of St. Louis aforesaid, in the St. Louis Criminal Court, was duly convicted on his own confession of the offense of grand larceny, and in accordance with…
2Cases cited3 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State v. SharpSupreme Court of Missouri · 1879
- State v. SharpSupreme Court of Missouri · 1891
3Cited by3 opinions
- State v. WatsonSupreme Court of Missouri · 1966
- State v. McWilliamsSupreme Court of Missouri · 1963
- State v. PayneSupreme Court of Missouri · 1909