State v. Howard
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) The court erred in refusing to give the peremptory instruction offered by the defendant at the close of the State’s case. The evidence offered by the State placed the commission of the alleged offense in the county of St. Louis. The indictment was found by the grand jury of the city of St. Louis and trial had in said city. The court did not have jurisdiction of the ease.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) The court erred in refusing to give the peremptory instruction offered by the defendant at the close of the State’s case. The evidence offered by the State placed the commission of the alleged offense in the county of St. Louis. The indictment was found by the grand jury of the city of St. Louis and trial had in said city. The court did not have jurisdiction of the ease. Constitution, art. 2, sec. 12; State v. Blunt, 110 Mo. 322. The testimony of the prosecuting witness that she had intercourse with defendant at…
1Opinion of the CourtBrown, J.
The, grand jury of the city of St. Louis returned an indictment charging defendant with having seduced and debauched, under promise of marriage, one Lundy King, an unmarried female, as prohibited by section 4478, Revised Statutes 1909. A trial in the circuit court of said city resulted in defendant’s conviction and he appeals.
*390Among the grounds upon .which a reversal is sought is the contention that the evidence is not sufficient to support the conviction — a part of this assignment is the insistence that, if guilty at all, the crime was committed in St. Louis county, and not in St. Louis…
2Cases cited14 opinions
- Ex parte SlaterSupreme Court of Missouri · 1880
- State v. ReevesSupreme Court of Missouri · 1888
- State v. MispagelSupreme Court of Missouri · 1907
- State v. SchenkSupreme Court of Missouri · 1911
- State v. KnutsonSupreme Court of Iowa · 1894
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3Cited by2 opinions
- Erwin v. JonesMissouri Court of Appeals · 1916
- Gagush v. HoeftMichigan Supreme Court · 1917