Legal Opinion

State v. Hatcher

Supreme Court of Missouri

Decided March 4, 1924PublishedCited by 12 opinions

Appeal from Nodaway Circuit Court. — Hon. John M. Dawson, Judge. (1) The testimony of Charles Buie in no way tended to prove the guilt of defendant, nor to establish facts from which his guilt could be inferred. His evidence was irrelevant and immaterial, and was calculated to prejudice the jury against the defendant, and the law will presume it had that effect. State v. Shipley, 174 Mo. '512, 516; State v. Taylor, 118 Mo. 153, 163; State v. Levy, 90 Mo.

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Appeal from Nodaway Circuit Court. — Hon. John M. Dawson, Judge. (1) The testimony of Charles Buie in no way tended to prove the guilt of defendant, nor to establish facts from which his guilt could be inferred. His evidence was irrelevant and immaterial, and was calculated to prejudice the jury against the defendant, and the law will presume it had that effect. State v. Shipley, 174 Mo. '512, 516; State v. Taylor, 118 Mo. 153, 163; State v. Levy, 90 Mo. App. 643, 649. (2) The law requires that the jury he kept together unless the defendant consents to the separation. To allow the jury to…

1Opinion of the CourtDavid E. Blair, P. J.

Defendant was convicted of the crime of driving an automobile while in an intoxicated condition. The jury imposed the punishment at confinement in the penitentiary for two years and six months. Defendant has appealed. The statute on which the information is based is Section 27 (g), Laws 1921 (First Extra Session) page 103.

The evidence relied upon to sustain the judgment tends to show the following facts:

About 6:30 on the evening of July 15, 1922,' the defendant, in company with one Merle Buie, was driving a Ford automobile upon the public highway near Graham, in Nodaway County, when such…

2Cases cited7 opinions

  1. State v. FairlambSupreme Court of Missouri · 1894
  2. State v. RodgersSupreme Court of New Jersey · 1917
  3. People v. DingleCalifornia Court of Appeal · 1922
  4. State v. MillerSupreme Court of Missouri · 1887
  5. State v. SchaefferSupreme Court of Missouri · 1903

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

3Cited by12 opinions

  1. State v. PaulMissouri Court of Appeals · 1969
  2. People v. EkstromerCalifornia Court of Appeal · 1925
  3. State v. RainesSupreme Court of Missouri · 1933
  4. State v. CavinessSupreme Court of Missouri · 1930
  5. State v. EdmondsMissouri Court of Appeals · 1971

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

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