State v. Kaiser
Supreme Court of Missouri
Appeal from St. Louis Criminal Court.—Hon. H. L. Edmunds, Judge. (1) The verdict is so inconsistent, in view of the evidence on the part of the state, that it ought not to have been permitted to stand. It can only be explained upon the theory of passion or prejudice against the defendants who were found guilty.
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Appeal from St. Louis Criminal Court.—Hon. H. L. Edmunds, Judge. (1) The verdict is so inconsistent, in view of the evidence on the part of the state, that it ought not to have been permitted to stand. It can only be explained upon the theory of passion or prejudice against the defendants who were found guilty. That a verdict based upon prejudice or passion, or one against which the evidence strongly preponderates, will not be permitted to stand, is a most familiar proposition in this state. Eipsley v. Railroad, 88 Mo. 348; Spohn v. Railroad, 87 Mo. 74; St. Louis v. Lannigan, 97 Mo. 75;…
1Opinion of the CourtGantt, P. J.
The defendants, Kaiser and Henze, were jointly indicted with Charles McDonnell at the March term, 1893, of the St. Louis criminal court, for the murder of Edwin E. Brown, in the city of St. Louis, on March 2, 1893. A motion to quash was overruled. The prisoners were duly arraigned at the May term, 1893, and the cause continued to the July term, at which they were jointly tried, and Kaiser and Henze convicted of murder in the first degree, and McDonnell acquitted. Motions for new trial and in arrest were duly entered and overruled, and the defendants sentenced at the November term, 1893, from…
2Cases cited6 opinions
- State v. GilmoreSupreme Court of Missouri · 1892
- State v. BuchlerSupreme Court of Missouri · 1890
- State v. BrownSupreme Court of Missouri · 1877
- State v. DaySupreme Court of Missouri · 1889
- State v. WalkerSupreme Court of Missouri · 1883
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3Cited by18 opinions
- Cromeenes v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1910
- Fitzpatrick v. StateCourt of Criminal Appeals of Texas · 1897
- May v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
- State v. EckenfelsSupreme Court of Missouri · 1958
- State v. RoseSupreme Court of Missouri · 1917
13 more not listed; retrieve them via the Exa API.