State v. Tull
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. W. Wofford, Judge. (1)The court erred in its direction to the jury as to the punishment to be inflicted if they found defendant guilty; Watson v. People, 25 N. E. Rep. 567; Irvin v. State, 8 S. W. Rep. (Tex.) 681. (2) The court erred in excluding the-evidence offered by defendant as to the relative property interests of defendant and his mother.
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Appeal from Jackson Circuit Court. — Hon. J. W. Wofford, Judge. (1)The court erred in its direction to the jury as to the punishment to be inflicted if they found defendant guilty; Watson v. People, 25 N. E. Rep. 567; Irvin v. State, 8 S. W. Rep. (Tex.) 681. (2) The court erred in excluding the-evidence offered by defendant as to the relative property interests of defendant and his mother. (1) The indictment charged the forgery of a promissory note; the evidence was as to such forgery, which is forgery in the third degree'. R. S. 1889, sec. 3641. (2) The penalty affixed by the jury was five…
1Opinion of the CourtOantt, P. J.
This is an appeal from Jackson county. Defendant was indicted in the criminal court for forgery in the third degree, and convicted.
The jury by their verdict assessed his punishment at five years in the penitentiary, but the court reduced it to two years, under section 4233, Revised Statutes, 1889, and sentenced him accordingly. The errors assigned in this court are three and will be determined in the order of appellant’s brief.
I. The indictment charged forgery in the third degree, the evidence tended to prove that degree and no other, and the instructions were for that degree, but by some…
2Cases cited4 opinions
- State v. McNallySupreme Court of Missouri · 1885
- State v. SnyderSupreme Court of Missouri · 1889
- State v. WheelerSupreme Court of Missouri · 1891
- State v. SandsSupreme Court of Missouri · 1882
3Cited by10 opinions
- State v. ClineSupreme Court of Missouri · 1991
- Gaines v. StateIndiana Supreme Court · 1921
- Dean v. StateIndiana Supreme Court · 1897
- State v. MilliganSupreme Court of Missouri · 1902
- State v. BarryNorth Dakota Supreme Court · 1905
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