Legal Opinion

State v. Franke

Supreme Court of Missouri

Decided February 12, 1901PublishedCited by 23 opinions

Appeal from Buchanan Criminal Court. — Hon. B. J. Qasteel, Judge, (1) The court erred in permitting the State to introduce evidence concerning a certain shotgun, supposed to have been stolen from one D. A. Turner, which was found on the premises of the defendant.

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Appeal from Buchanan Criminal Court. — Hon. B. J. Qasteel, Judge, (1) The court erred in permitting the State to introduce evidence concerning a certain shotgun, supposed to have been stolen from one D. A. Turner, which was found on the premises of the defendant. The effect of the evidence was to present to the jury testimony relating to another offense and to an entirely different transaction, which prejudiced the minds of the jury against the defendant in reference to the charge for which he was on trial. State v. Young, 119 Mo. 495; Barton v. State, 18 Ohio 221; State v. Kelley, 65 Yt.…

1Opinion of the CourtSherwood, P. J.

Burglary and larceny the charge, resulting in a bifurcate verdict, one branch of it finding defendant guilty of burglary in the second degree and awarding as punishment three years in the penitentiary, the other finding him guilty of larceny and assessing his punishment at two years in the same place.

The house of Mrs. Mary A. Korf, who lived about five miles south of St. Joseph, was burglariously entered on the afternoon of the sixth of November, 1899, while Mrs. Korf was temporarily absent, and a watch and some jewelry stolen from the house. Returning home shortly afterwards, Mrs. Korf…

2Cases cited4 opinions

  1. Commonwealth v. CunninghamMassachusetts Supreme Judicial Court · 1870
  2. State v. BabbSupreme Court of Missouri · 1882
  3. Greenwell v. CrowSupreme Court of Missouri · 1881
  4. State v. WeberSupreme Court of Missouri · 1900

3Cited by23 opinions

  1. State v. BarringtonSupreme Court of Missouri · 1906
  2. People v. WilsonCalifornia Court of Appeal · 1926
  3. State v. Blackmore and GodseySupreme Court of Missouri · 1931
  4. State v. CampbellSupreme Court of Missouri · 1908
  5. Robinson v. StateIndiana Court of Appeals · 1974

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