State v. McMahill
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. In order to convict, the prosecution was bound to prove that the accused was present at the time and place of the alleged shooting. State v. Taylor, 118 Mo. 153; State v. Howell, 100 Mo. 28; State v. Wollard, 111 Mo. 248; State v. Lewis, 69 Mo. 92; 1 Bish.,'Crim.Pro. (3 Ed.), sec. 1062; WBarton, Crim.
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Transferred from Kansas City Court of Appeals. In order to convict, the prosecution was bound to prove that the accused was present at the time and place of the alleged shooting. State v. Taylor, 118 Mo. 153; State v. Howell, 100 Mo. 28; State v. Wollard, 111 Mo. 248; State v. Lewis, 69 Mo. 92; 1 Bish.,'Crim.Pro. (3 Ed.), sec. 1062; WBarton, Crim. Ev., sec. 333. There is not a scintilla of evidence tending to show appellant’s presence at the place of the shooting at or before the time of its occurrence. The lack of this essential link cannot be supplied by inferences or conjectures drawn from…
1Opinion of the CourtBurgess, J.
This is an appeal from a verdict and judgment of the Chariton Circuit Court convicting the defendant of felonious assault with intent to kill one Sam Staples, and assessing his punishment at a fine of one hundred dollars. The appeal was improperly taken to the Kansas City Court of Appeals, from which it has been transferred here, for the reason that said court was without jurisdiction, the prosecution being for the commission of a felony.
*312The defendant, by his counsel, expressly waives and withdraws all objections made and exceptions saved at the trial, save his exception to the action of the…
2Cases cited1 opinion
- State v. MorneySupreme Court of Missouri · 1906
3Cited by4 opinions
- State v. WoodsonSupreme Court of Missouri · 1913
- State v. WoodsonMissouri Court of Appeals · 1914
- State v. HerrickMissouri Court of Appeals · 1911
- State v. SparksMissouri Court of Appeals · 1914