State v. Roche
Missouri Court of Appeals
Appeal from the St. Louis Court of Criminal Correction* Hon. E. A. Noonan, Judge. It was error for the court to allow the veterinary surgeon to testify that in his opinion the cause of death was produced by overexertion. Even if overexertion was the cause of the congestion that caused the death, still the state had not made a case by showing simply that fact. Overexertion is not necessárily cruelty, and yet overexertion was the most that the expert would assert.
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Appeal from the St. Louis Court of Criminal Correction* Hon. E. A. Noonan, Judge. It was error for the court to allow the veterinary surgeon to testify that in his opinion the cause of death was produced by overexertion. Even if overexertion was the cause of the congestion that caused the death, still the state had not made a case by showing simply that fact. Overexertion is not necessárily cruelty, and yet overexertion was the most that the expert would assert. What might have amounted to the most reasonable usage with one horse may, of course, have been overexertion to this one. It was not…
1Opinion of the CourtRombauer, P. J.
The defendants were convicted and sentenced upon an information under section 1609, Revised Statutes of 1879, charging them with unlawfully, wilfully and cruelly overdriving a horse, and thereupon prosecute this appeal. They assign for errors that the court admitted illegal evidence, and that all the evidence adduced did not warrant their conviction.
The testimony on behalf of. the state, conceding • that all of it was properly admitted, tended to show the-following facts: The horse was hired by the defendants for an afternoon drive; they taking charge of it about three o’clock in the…
2Cases cited1 opinion
- State v. HackfathMissouri Court of Appeals · 1886
3Cited by2 opinions
- State v. PraterMissouri Court of Appeals · 1908
- State v. HaleyMissouri Court of Appeals · 1893