State v. King
Supreme Court of Missouri
Appeal from Christian Circuit Court.— Hon. John'T. Moore, Judge. (1) The' instructions fully and fairly presented the case to the jury, hut, as defendant failed to make any objections to. same in his motion for a new trial, that point has been waived. State v. Whitsell, 142 Mo. 474; State v. Headrick, 149 Mo. 396. (2) In his motion for a new trial defendant alleges that he had discovered new and material evidence.
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Appeal from Christian Circuit Court.— Hon. John'T. Moore, Judge. (1) The' instructions fully and fairly presented the case to the jury, hut, as defendant failed to make any objections to. same in his motion for a new trial, that point has been waived. State v. Whitsell, 142 Mo. 474; State v. Headrick, 149 Mo. 396. (2) In his motion for a new trial defendant alleges that he had discovered new and material evidence. The failure to bring out the desired evidence was due to no fault of the State, but to the neglect of defendant’s counsel, for which defendant should suffer. State v. Cantlin, 118…
1Opinion of the CourtGantt, J.
On December 23, 1903, the prosecuting attorney of Taney county filed an information, duly verified, charging the defendant and West Hudson, Bill, alias “Red” Barker, and Clyde, alias “Curley” Elliott, with murder in the first degree. The date of the commission of the alleged crime was the 15th day of December, 1903, and the name of the deceased was Henry Barchman. Defendant applied for and was granted a change of venue, on account of the prejudice of the inhabitants of Taney county; the cause was accordingly sent to Christian county. In the latter-named county, defendant entered a plea of not…
2Cases cited6 opinions
- State v. HameySupreme Court of Missouri · 1902
- State v. CantlinSupreme Court of Missouri · 1893
- State v. McLaughlinSupreme Court of Missouri · 1858
- State v. ThornhillSupreme Court of Missouri · 1903
- State v. GordonSupreme Court of Missouri · 1900
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3Cited by5 opinions
- State v. PfeiferSupreme Court of Missouri · 1916
- State v. DimmickSupreme Court of Missouri · 1932
- State v. EspenschiedSupreme Court of Missouri · 1908
- McCue v. StateCourt of Criminal Appeals of Texas · 1913
- People v. BonifacioAppellate Division of the Supreme Court of the State of New York · 1907