Legal Opinion

State v. McKinzie

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 18 opinions

Appeal from Randolph Circuit Court. — Hon. J. A. Hookaday, Judge. (1) The verdict in this case is clearly against all the evidence in the case. While this court will not lightly interfere with the verdict of a jury, even iu a criminal case, yet if a verdict is the result of passion or prejudice, rather than of evidence, this court will not sanction it.

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Appeal from Randolph Circuit Court. — Hon. J. A. Hookaday, Judge. (1) The verdict in this case is clearly against all the evidence in the case. While this court will not lightly interfere with the verdict of a jury, even iu a criminal case, yet if a verdict is the result of passion or prejudice, rather than of evidence, this court will not sanction it. State v. Paclmood, 26 Mo. 340; State v. Brosius, 39 Mo. 534; State v. Mansfield, 41 Mo. 470; State v. Daubert, 42 Mo. 239 ; State v. Burgdorf, 53 Mo. 65; State v. Jaeger, 66 Mo. 173 ; Robinson v. Musser, 78 Mo. 153 ; State v. Castor, 93 Mo.…

1Opinion of the CourtTi-iomas, J.

— The defendants were tried in the Randolph circuit court at Moberly in June, 1890, for the killing of John Emery. They were both found guilty of murder of the second degree, John McKinzie being-sentenced to the penitentiary for fifty-two years and Alexander McKinzie for ten, and the case is here on appeal. Defendants, through their counsel, contend that the court below erred in its instructions to the jury; in excluding competent and admitting incompetent evidence; in permitting the prosecuting attorney to cross-examine defendants as to matters not referred to by them in their examination in…

2Cases cited6 opinions

  1. State v. WienersSupreme Court of Missouri · 1877
  2. State v. ThomasSupreme Court of Missouri · 1883
  3. State v. WatsonSupreme Court of Missouri · 1888
  4. State v. EdwardsSupreme Court of Missouri · 1879
  5. State v. ElliottSupreme Court of Missouri · 1889

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

3Cited by18 opinions

  1. People v. GallagherCalifornia Supreme Court · 1893
  2. State v. EvansSupreme Court of Missouri · 1894
  3. State v. TalmageSupreme Court of Missouri · 1891
  4. State v. MaySupreme Court of Missouri · 1897
  5. State v. MinorSupreme Court of Missouri · 1906

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

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