State v. Coyne
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The indictment does not state an offense. The allegations in the indictment are that the accused testified that he did not believe, or did not recall, etc., but of these there is no negation. There is no averment that the accused did believe, or did recall.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The indictment does not state an offense. The allegations in the indictment are that the accused testified that he did not believe, or did not recall, etc., but of these there is no negation. There is no averment that the accused did believe, or did recall. State v. Faulkner, 175 Mo. 600. .(2) The exclusion of the evidence as to the possible want of memory on the part of the appellant was inexcusable error. (a) The case was tried upon a totally false hypothesis. The issue was not whether any person had' been…
1Opinion of the CourtGantt, J.
At the December term, 1907, of the circuit court of the city of St. Louis, the defendant William R. Coyne was indicted by the grand jury for perjury. He was tried and convicted, and his punishment assessed at two years in the penitentiary. After ineffectual motions for new trial and in arrest of judgment, he was sentenced in accordance with the verdict and from that judgment he has appealed to this court. Omitting the formal parts the indictment is as follows:
“That a certain investigation and inquiry was *349then and there pending before said grand jury into all crimes and felonies committed and…
2Cases cited1 opinion
- State v. LeaSupreme Court of Alabama · 1842
3Cited by8 opinions
- State v. BrinkleySupreme Court of Missouri · 1945
- Anthony Frisone v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- State v. WinterbauerSupreme Court of Missouri · 1927
- State v. MarvelNew York Court of General Session of the Peace · 1924
- Powitzky v. StateCourt of Criminal Appeals of Texas · 1938
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