State v. Hill
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Hon. F. P. Divilbiss, Judge. (1) Defendant’s motion in arrest of judgment should have been sustained for the reason the information failed to charge the defendant with any offense. And because there is a total variance between the offense alleged in the information and the proof in this cause.
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Appeal from Ray Circuit Court. — Hon. F. P. Divilbiss, Judge. (1) Defendant’s motion in arrest of judgment should have been sustained for the reason the information failed to charge the defendant with any offense. And because there is a total variance between the offense alleged in the information and the proof in this cause. (2) Alonzo Jones was incompetent as a witness in this cause, because at the time his testimony was given he was under sentence of life imprisonment in the penitentiary. Sec. 6376, R. S. 1909; Ex Parte Marmaduke, 91 Mo. 228. (3) The testimony given by Dr. McGaugh as to…
1Opinion of the CourtWalker, P. J.
The appellant and one Marshall Dumas were charged in an information filed by the prosecuting attorney of Ray County with murder in the first degree. A severance was granted and at the February Term, 1917, of the circuit court of said county, appellant was tried and the jury failing to agree, the case was continued until the May Term, 1917. Upon a trial at this term appellant was convicted as chaiged and her punishment assessed at life imprisonment in the penitentiary. From this judgment she appeals.
Lonnie Hill, the party charged to have been murdered, was the husband of the appellant. At the…
2Cases cited9 opinions
- State v. WalkerSupreme Court of Missouri · 1888
- State v. MyersSupreme Court of Missouri · 1884
- State v. DarlingSupreme Court of Missouri · 1909
- Ex parte MarmadukeSupreme Court of Missouri · 1886
- State v. GatlinSupreme Court of Missouri · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. KeySupreme Court of Missouri · 1967
- Hammond v. Schuermann Building & Realty Co.Supreme Court of Missouri · 1944
- State v. DeyoSupreme Court of Missouri · 1965
- State v. KinnamonSupreme Court of Missouri · 1926
- State v. ThurmanMissouri Court of Appeals · 1975
2 more not listed; retrieve them via the Exa API.