State v. Reilly
Missouri Court of Appeals
Appeal from St. Louis Criminal Court. Where it appears that the defendant has been injured by a refusal to give time to procure a witness, this is ground for a reversal. — The State v. Klinger, 43 Mo. 130. A depart-" ure from prescribed formalities in making up a jury-list is a ground for a new trial. —Holme v. The State, 54 Mo. 153. Embezzlement; criminal intent. — 1 Bishop’s Cr. Law, secs. , 286-288 ; Kelly’s Cr.
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Appeal from St. Louis Criminal Court. Where it appears that the defendant has been injured by a refusal to give time to procure a witness, this is ground for a reversal. — The State v. Klinger, 43 Mo. 130. A depart-" ure from prescribed formalities in making up a jury-list is a ground for a new trial. —Holme v. The State, 54 Mo. 153. Embezzlement; criminal intent. — 1 Bishop’s Cr. Law, secs. , 286-288 ; Kelly’s Cr. Law, secs. 582, 601. The defence of a claim b}'' the agent against his principal. — 2 Bishop’s Cr. Law, sec. 376 ; Regina v. Hoclgson, 3 Car. & P. 422 ; Regina v. Norman, Car. & M.…
1Opinion of the CourtLewis, P. J.
The defendant appeals from his conviction under an indictment for embezzling $20,000, the property of Bridget M. Ivory. He alleges error committed by the Criminal Court in refusing to postpone the trial until he could procure the attendance of an absent witness. When the case was called for trial, James Clemens, a witness for defendant, did not answer. It appearing from the marshal’s return that he had been personally served, the court ordered an attach*394ment returnable forthwith. Defendant thereupon asked that the trial be delayed until the return of the attachment, and -offered to-make…
2Cases cited1 opinion
- State v. BreenSupreme Court of Missouri · 1875
3Cited by15 opinions
- Lee v. Baltimore Hotel Co.Supreme Court of Missouri · 1939
- State v. McDonald.Supreme Court of North Carolina · 1903
- State v. QuisenberrySupreme Court of Missouri · 1982
- State v. CunninghamSupreme Court of Missouri · 1900
- State v. PateSupreme Court of Missouri · 1916
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