Legal Opinion

State v. Griffie

Supreme Court of Missouri

Decided November 21, 1893PublishedCited by 13 opinions

Appeal from Leivis Circuit Court. — Hon. B. E. Turner, Judge. (1) The judgment of conviction is not supported by the evidence; the former conviction was not proved. State v. Brown, 115 Mo. 409; Greenleaf on Evidence, sec. 375. (-2) It was error not to permit defendant to prove the addition made to his judgment by justice Helms. Smith v. Chapman, 71 Mo. 218; Norton v. Porter, 63 Mo. 346. (3) The court erred in giving instructions 1 and 2 for the state; no felony was proved.

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Appeal from Leivis Circuit Court. — Hon. B. E. Turner, Judge. (1) The judgment of conviction is not supported by the evidence; the former conviction was not proved. State v. Brown, 115 Mo. 409; Greenleaf on Evidence, sec. 375. (-2) It was error not to permit defendant to prove the addition made to his judgment by justice Helms. Smith v. Chapman, 71 Mo. 218; Norton v. Porter, 63 Mo. 346. (3) The court erred in giving instructions 1 and 2 for the state; no felony was proved. It appears from the record that, appellant’s motion for a new trial and motion in arrest were filed and determined at the…

1Opinion of the CourtGantt, P. J.

The defendant was indicted at a special term of the circuit court of Lewis county held on twenty-first of June, 1893, and convicted and sentenced to the penitentiary on the following indictment:

“The grand jurors for the state of Missouri, impaneled, sworn and charged to inquire within and for the body of the county of Lewis, in the state of Missouri, upon their oath present and charge that one Carney Griffie, on the second day of January, 1893, *190was charged and convicted of petit larceny before one Walter C. Helms, a justice of the peace of Dickerson township in Lewis county, Missouri, and…

2Cases cited17 opinions

  1. Sweet v. MaupinSupreme Court of Missouri · 1877
  2. State v. KelsoeSupreme Court of Missouri · 1882
  3. State v. MooreSupreme Court of Missouri · 1875
  4. Robson v. ThomasSupreme Court of Missouri · 1874
  5. Chamberlain v. BlodgettSupreme Court of Missouri · 1888

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. JenkinsMissouri Court of Appeals · 1974
  2. State v. WebbMissouri Court of Appeals · 1975
  3. State v. KingSupreme Court of Missouri · 1955
  4. Pryor v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1900
  5. State v. SheetsSupreme Court of Missouri · 1971

8 more not listed; retrieve them via the Exa API.

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