State v. Adair
Supreme Court of Missouri
Appeal from Jackson County Criminal Court. — Hon. John W. Wofford, Judge. (1) The verdict of the jury is against the evidence. (2) The verdict is against the lav?, as declared in the instructions given by the court.
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Appeal from Jackson County Criminal Court. — Hon. John W. Wofford, Judge. (1) The verdict of the jury is against the evidence. (2) The verdict is against the lav?, as declared in the instructions given by the court. (3) (a) The court erred in refusing to give instruction 1 asked by defendant People v. Fong Ah Sing, 64 Cal. 253; State v. Howell, 100 Mo. 664; State v. Taylor, 134 Mo. 152. (b) The court should have given instruction 2 asked by defendant, in the nature of a demurrer to the evidence.' (c) The court should have given instruction 3 asked by defendant. State v. Lewis, 69- Mo. 92;…
1Opinion of the CourtSherwood, P. J.
The verdict of the jury found defendant guilty of robbery in the first degree, and assessed his punishment at five years in the penitentiary7.
The instructions given by the court were as follows:
*394“1. The court instructs the jury that if they find and believe from the evidence that the defendant James Adair, at the county of Jackson and State of Missouri, at any time within three years next before the seventeenth day of April, 1900, did unlawfully and feloniously make an assault upon the witness, Bessie-Proctor, and did by force and violence to her person in her presence and against her will and…
2Cases cited3 opinions
- State v. NuesleinSupreme Court of Missouri · 1857
- State v. BluntSupreme Court of Missouri · 1887
- State v. SacreSupreme Court of Missouri · 1897
3Cited by13 opinions
- State v. TurnerSupreme Court of Missouri · 1959
- State v. TempleSupreme Court of Missouri · 1906
- State v. BerkowitzSupreme Court of Missouri · 1930
- Pueblo v. RománSupreme Court of Puerto Rico · 1912
- State v. BrownSupreme Court of Missouri · 1913
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