State v. Crabtree
Supreme Court of Missouri
Appeal from Stone Circuit Court. — Hon. H. G. Pepper, Judge. (1) The verdict is not supported by the evidence, and should not stand. State v. Nesenhener, 164 Mo. 461. (2) The evidence merely raises a suspicion of guilt and can not support a conviction. State v. Ballard, 114 Mo. 634. (3) Instruction 11, given by the trial court, does not clearly state the law, the defense ' being an alibi.
Read the full summary
Appeal from Stone Circuit Court. — Hon. H. G. Pepper, Judge. (1) The verdict is not supported by the evidence, and should not stand. State v. Nesenhener, 164 Mo. 461. (2) The evidence merely raises a suspicion of guilt and can not support a conviction. State v. Ballard, 114 Mo. 634. (3) Instruction 11, given by the trial court, does not clearly state the law, the defense ' being an alibi. The trial court should have instructed the jury that it devolved upon the State to show beyond a reasonable doubt that the defendant was present at the time and place of the commission of the crime-charged.…
1Opinion of the CourtGantt, J.
At the October term, 1901, of the circuit court of Stone county, the prosecuting attorney of said county, under his official oath, filed an information charging William Crabtree, Thomas Crabtree, James Crabtree and Mattie Stallions with the murder of Alice Stallions, on the 27th day of May, 1901, at the county of Stone, with a certain blunt instrument, the dimensions of which were to said informant unknown. The Hon. George H. Thornberry, the regular judge of that circuit, being disqualified because he had been of counsel for defendant prior to his appointment, the Hon. Henry Clay Pepper, the…
2Cases cited3 opinions
- People v. . PalmerNew York Court of Appeals · 1888
- State v. DicksonSupreme Court of Missouri · 1883
- State v. DavidSupreme Court of Missouri · 1895
3Cited by19 opinions
- State v. HubbardSupreme Court of Missouri · 1943
- State v. ApplegateMissouri Court of Appeals · 1984
- State v. MorrisMissouri Court of Appeals · 1978
- Minniard v. CommonwealthCourt of Appeals of Kentucky · 1914
- State v. FrancisSupreme Court of Missouri · 1906
14 more not listed; retrieve them via the Exa API.