State v. Upton
Supreme Court of Missouri
Appeal from Ripley Circuit Court. among other points, relied upon the following: 1. The instruction given below that the jury were bound to take tbe testimony of a witness as true, unless impeached, is manifestly wrong. 2. The verdict is fatally defective, in not specifying the degree of the offence of which the defendant was found guilty. (R. C. 1845, p. 883-, art. T, sec. 1. 8 Mo.
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Appeal from Ripley Circuit Court. among other points, relied upon the following: 1. The instruction given below that the jury were bound to take tbe testimony of a witness as true, unless impeached, is manifestly wrong. 2. The verdict is fatally defective, in not specifying the degree of the offence of which the defendant was found guilty. (R. C. 1845, p. 883-, art. T, sec. 1. 8 Mo. Rep. 495.) 8. The use of intoxicating liquor by the jury in their retirement avoids the verdict. (Brant v. Foioler,.1 Cowen, 562. The Peoples. Douglass, 4 Cowen, 23.)
1Opinion of the CourtScott, Judge
John Upton was, at the September term, 1853, of the Circuit Court of Ripley county, indicted for murder in the first degree, and was subsequently tried and convicted.
There was a motion for a new trial and in arrest of judgment, both of which were overruled, and the cause was brought here by appeal.
One of the grounds for a new trial was, that the jury, in their retirement, used intoxicating liquors. Another ground was, the misdirection of the court in point of law, in giving the following instruction : “ That the testimony of a witness given upon the stand will be taken as true, unless such…
2Cases cited1 opinion
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