Wheat v. State
Supreme Court of Missouri
Appeal from Livingston Circuit Court. The first ground upon which a new trial was asked and refused by the court was, “That the court erred in permii-ing the State to introduce new testimony, after the testimony on both sides had been closed.” Decisions of Supreme Court, 1st semi-annual part, I83S. Mary (a slave) v. The State, page 71. Hamnel v. State, 2 semi-annual part 1839, p. 260. The indictment is bad, both for uncertainty and duplicity..
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Appeal from Livingston Circuit Court. The first ground upon which a new trial was asked and refused by the court was, “That the court erred in permii-ing the State to introduce new testimony, after the testimony on both sides had been closed.” Decisions of Supreme Court, 1st semi-annual part, I83S. Mary (a slave) v. The State, page 71. Hamnel v. State, 2 semi-annual part 1839, p. 260. The indictment is bad, both for uncertainty and duplicity.. That the court committed no error, on this point; at least if it was error, it was not such as to prejudice the defendant; for the State was not bound…
1Opinion of the Court
Opinion of the Court by
Napton, Judge.
The grand jury, for the county of Livingston, found an indictment against Martin Wheat, the appellant, for keeping a ferry without license. The indictment charged, that said Wheat on &c., at, &c. “did keep a ferry in the said county of Livingston, so as to demand and receive pay thereat* without a license,” and that the said Wheat, on, &c., at, áre. “did then and there demand and receive pay, to wit, twenty-five cents for his services as a ferryman, without a license,” &c. On the trial, and after both parties had declared they were through with their…
2Cited by15 opinions
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- State v. WilsonSupreme Court of Kansas · 1901
- Dozier v. StateCourt of Criminal Appeals of Texas · 1911
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