State v. Ilgenfritz
Supreme Court of Missouri
Appeal from Adair Circuit Court, —Hon. Nat M. Shelton, Judge. (1) Defendants’ demurrer should have been sustained. Neither at the close of the State’s case nor at the close of the whole case, was there evidence sufficient to justify submitting the case to the jury, nor to sustain a verdict against either defendant. The verdict is the result of passion and prejudice of the jury, and should be set aside, the judgment reversed and defendants discharged.
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Appeal from Adair Circuit Court, —Hon. Nat M. Shelton, Judge. (1) Defendants’ demurrer should have been sustained. Neither at the close of the State’s case nor at the close of the whole case, was there evidence sufficient to justify submitting the case to the jury, nor to sustain a verdict against either defendant. The verdict is the result of passion and prejudice of the jury, and should be set aside, the judgment reversed and defendants discharged. State v. Francis, 199 Mo. 671. (2) Reversible error was committed in excluding the evidence of Ex-sheriff Williams to the effect that deceased…
1Opinion of the Court
WILLIAMS, C.
Under an indictment charging them jointly with the murder of Jacob W. Davis, defendants were tried in the circuit court of Adair county *620and found guilty of murder in the second degree. The punishment of defendant Ilgenfritz was assessed at fifteen years and that of defendant Lottie Davis at ten years. Defendants duly perfected an appeal to this court. The evidence on the part of the State tended to establish the following facts: The dead body of Jacob W. Davis, who, prior to his death, was the husband of defendant Lottie Davis, was first discovered about 6:30 a. m., on Sunday,…
2Cases cited18 opinions
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- Siebert v. PeopleIllinois Supreme Court · 1892
- State v. KellySupreme Court of Connecticut · 1904
- Nordan v. StateSupreme Court of Alabama · 1904
- State v. LarkinSupreme Court of Missouri · 1913
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3Cited by19 opinions
- Commonwealth v. DonoughSupreme Court of Pennsylvania · 1954
- State v. SinghMissouri Court of Appeals · 1979
- State v. DrachSupreme Court of Kansas · 2000
- Bowie v. StateSupreme Court of Arkansas · 1932
- People v. SalcidoCalifornia Court of Appeal · 1966
14 more not listed; retrieve them via the Exa API.