Legal Opinion

State v. Johnson

Supreme Court of Missouri

Decided October 10, 1892PublishedCited by 8 opinions

Appeal from Marion Circuit Court.— Hon. T. H. Bacon, Judge. (1) Instruction, numbered 2, we think, clearly declares the law, and properly submits to the jury the determination of the facts charged in the indictment and testified to upon the trial, and is not subject to the objections raised to the instruction in State v. Brown, 104 Mo. 366; State v. Hays, 105 Mo. 76-85; State v. O'Connor, 105 Mo. 121-125. (2) The third instruction was correct.

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Appeal from Marion Circuit Court.— Hon. T. H. Bacon, Judge. (1) Instruction, numbered 2, we think, clearly declares the law, and properly submits to the jury the determination of the facts charged in the indictment and testified to upon the trial, and is not subject to the objections raised to the instruction in State v. Brown, 104 Mo. 366; State v. Hays, 105 Mo. 76-85; State v. O'Connor, 105 Mo. 121-125. (2) The third instruction was correct. If defendant was present aiding and abetting Maria Raven in the commission of the offense, although he got none of the money, he was none the less…

1Opinion of the CourtMacfarlane, J.

Defendant appeals from a judgment of the circuit court of Marion county convicting him of robbery.

He was jointly indicted with one Maria Raven and his daughter Mary Johnson, all negroes, accused of robbing a Chinaman named Lee and taking from him *580three $20 gold coins. Defendant was tried alone, and sentenced to imprisonment in' the penitentiary for five years.

The evidence on the part of the state, given by the prosecutor Lee, corroborated by some slight circumstances, tended to prove that defendant induced the wife of Lee, a negro woman, to leave her husband, and took her and her infant child…

2Cases cited5 opinions

  1. State v. OrrickSupreme Court of Missouri · 1891
  2. State v. ScottSupreme Court of Missouri · 1891
  3. State v. SnellSupreme Court of Missouri · 1883
  4. State v. HayesSupreme Court of Missouri · 1891
  5. State v. O'ConnorSupreme Court of Missouri · 1891

3Cited by8 opinions

  1. State v. SpraySupreme Court of Missouri · 1903
  2. State v. MasseySupreme Court of Missouri · 1918
  3. State v. MasseySupreme Court of Missouri · 1949
  4. State v. BartonSupreme Court of Missouri · 1898
  5. Brown v. BarrMissouri Court of Appeals · 1914

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