State v. Wells
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Hon. Thos. H. Bacon, Judge. (1) Instruction, numbered 1, given by the court, is erroneous. First on the question of reasonable doubt.' Bressler v. Beople, 5 W. Rep. 185, 192; State v. Crawford, 34 Mo. 200; State v. Head, 57 Mo. 252; State v. Beeper, 78 Mo. 470. (2) It is further erroneous in requiring a reasonable doubt to be based either on the evidence or lack of evidence in the case.
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Appeal from Monroe Circuit Court. — Hon. Thos. H. Bacon, Judge. (1) Instruction, numbered 1, given by the court, is erroneous. First on the question of reasonable doubt.' Bressler v. Beople, 5 W. Rep. 185, 192; State v. Crawford, 34 Mo. 200; State v. Head, 57 Mo. 252; State v. Beeper, 78 Mo. 470. (2) It is further erroneous in requiring a reasonable doubt to be based either on the evidence or lack of evidence in the case. (3) It is also erroneous in its being a comment upon the testimony of the defendant to a greater extent than authorized by the statute, and to the prejudice of the…
1Opinion of the CourtThomas, J.
The defendant was convicted in the circuit' court of Monroe county in November, 1891, for an assault upon Rose Vivian with intent to ravish her, and was sentenced therefor to imprisonment in the penitentiary for a term of two years, and he has appealed to this court.
The only error assigned for the reversal of the judgment is giving the following instructions to the jury: ‘ ‘As to the law arising upon any testimony in the case tending to prove or disprove anything in issue it is the duty of the court to instruct, irrespective of any question as to the credibility of any witness on whose…
2Cases cited2 opinions
- State v. SchoenwaldSupreme Court of Missouri · 1860
- State v. ChristianSupreme Court of Missouri · 1877
3Cited by11 opinions
- Lang v. StateSupreme Court of Florida · 1900
- State v. WertzSupreme Court of Missouri · 1905
- State v. TettambleSupreme Court of Missouri · 1968
- State v. GarthSupreme Court of Missouri · 1901
- People v. GibsonCalifornia Court of Appeal · 1917
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