State v. Rockett
Supreme Court of Missouri
Appeal from St. Louis Qourt of Appeals. (1) The instruction as to a reasonable doubt covered the whole case, and the instruction as to an alibi was as-full, fair and complete as the evidence justified or the law warranted. The defence of an alibi is mere ordinary evidence in rebuttal, and it should be tested as other evidence. 1 Bish. Or. Pro. (3 Ed.) sec. 1062; Slate s.
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Appeal from St. Louis Qourt of Appeals. (1) The instruction as to a reasonable doubt covered the whole case, and the instruction as to an alibi was as-full, fair and complete as the evidence justified or the law warranted. The defence of an alibi is mere ordinary evidence in rebuttal, and it should be tested as other evidence. 1 Bish. Or. Pro. (3 Ed.) sec. 1062; Slate s. Jennings, 81 Mo. 190. (2) It was sought by the state, on cross-examination, to show that Cassiday had been convicted for stealing. He denied it, and the. best evidence possible — the record of his conviction — was introduced…
1Opinion of the CourtSherwood, J.
Defendant was indicted for robbery in the first degree, found guilty and sentenced accordingly. He appealed to the St. Louis court' of appeals, where the judgment was reversed, and the state appeals here. .
I. I find no fault with the instructions. One was given in respect of the alibi of the defendant, and then a general instruction was given as to reasonable doubt. This last covered the whole case, and in terms applied to all the evidence in it. It was not necessary, and it would be without parallel in criminal practice to link, seriatim, the idea of reasonable doubt to every atom of…
2Cases cited5 opinions
- State v. RaySupreme Court of Missouri · 1873
- State v. ButlerSupreme Court of Missouri · 1877
- State v. LewisSupreme Court of Missouri · 1878
- State v. JenningsSupreme Court of Missouri · 1883
- State v. RuganSupreme Court of Missouri · 1878
3Cited by13 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- State v. WelsorSupreme Court of Missouri · 1893
- Winn v. GrierSupreme Court of Missouri · 1909
- Fenner v. CommonwealthSupreme Court of Virginia · 1929
- State v. SebastianSupreme Court of Missouri · 1908
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