State v. Julin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. Benjamin J. Klene, Judge. (1) The first instruction given and read by the court to the jury is erroneous, improper, misleading; and prejudicial to this defendant, (a) It should have required the jury to find from the evidence that this defendant did commit the. crime as charged in the indictment on the day named therein instead of permitting them to base their verdict of conviction upon other crime or crimes not charged in the…
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Appeal from St. Louis City Circuit Court. — Row. Benjamin J. Klene, Judge. (1) The first instruction given and read by the court to the jury is erroneous, improper, misleading; and prejudicial to this defendant, (a) It should have required the jury to find from the evidence that this defendant did commit the. crime as charged in the indictment on the day named therein instead of permitting them to base their verdict of conviction upon other crime or crimes not charged in the indictment. State v. Wissing, 187 Mo. 96. (b) Where an instruction attempts to cover the whole case it must incorporate…
1Opinion of the Court
Convicted on a charge of embezzlement, appellant has duly prosecuted his appeal to this court. The charge was by indictment returned by the grand jury of the city of St. Louis, and was in two counts; one for larceny and the other for embezzlement. At the close of the State's evidence the larceny charge was dismissed, and the case was submitted to the jury on the charge of embezzlement. The jury returned a general verdict reciting that:
"We . . . find the defendant guilty of emblezzlement as charged in the second count of the indictment, and assess the punishment at imprisonment in the…
2Cases cited21 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. HameySupreme Court of Missouri · 1902
- State v. JeffriesSupreme Court of Missouri · 1908
- State v. DeWittSupreme Court of Missouri · 1905
- State v. PrattSupreme Court of Missouri · 1889
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. SumlinSupreme Court of Missouri · 1991
- State v. MeiningerSupreme Court of Missouri · 1925
- State v. LewisMissouri Court of Appeals · 1982
- State v. ListonSupreme Court of Missouri · 1928
- State v. AdamsSupreme Court of Missouri · 1927
4 more not listed; retrieve them via the Exa API.