McComas v. State
Supreme Court of Missouri
APPEAL from St. Lcuis Criminal Court. 1. No exception being taken during the progress of the trial fo the admission of evidence, or to 1 he giving or refusing instructions, it is too late to raise those questions on the mo'icn for a i ew trial. Kilgore vs, Bonic, 9 Mo. B., 291. 2. The motion for a new trial came too late, being made after the motion in arrest — the latter admits the verdict to be good and overrules the former. 4 Bar. & Cress., 160; (10 Eng. Com., h.
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APPEAL from St. Lcuis Criminal Court. 1. No exception being taken during the progress of the trial fo the admission of evidence, or to 1 he giving or refusing instructions, it is too late to raise those questions on the mo'icn for a i ew trial. Kilgore vs, Bonic, 9 Mo. B., 291. 2. The motion for a new trial came too late, being made after the motion in arrest — the latter admits the verdict to be good and overrules the former. 4 Bar. & Cress., 160; (10 Eng. Com., h. K., p. 301;) 2 Salk., 647. 3. The motion in arrest was properly overruled. The carnal knowledge of a female under tea years of…
1Opinion of the CourtMcBride, J.
Samuel J. McComas was indicted"at the July term, 1847, of the Criminal Court for the county of St. Louis, under the 26th section of the second article of the law concerning crimes and their punishments, R. C., 1845, p. 348. Upon a trial in said court he was found guilty and sentenced to three years imprisonment in the Penitentiary. He first moved in arrest of judgment, and his motion' being overruled, he then moved for a new trial, which being also overruled by the court, he excepted, and prayed an appeal to this Court, which was granted.
The indictment charges that the defendant late, &c.,…
2Cited by10 opinions
- Murphy v. StateIndiana Supreme Court · 1889
- State v. BakerSupreme Court of Missouri · 1955
- State v. LeeOregon Supreme Court · 1899
- Farmers' Bank v. BaylissSupreme Court of Missouri · 1867
- State v. GriffieSupreme Court of Missouri · 1893
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