State v. Gordon
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. A. Tatty, Judge. (1) There was no exception at the time to the failure of the court to instruct on all the law of the case and therefore no advantage can be taken of that now. State v. Cantiña, 118 Mo. 100. (2) The affidavits are by a girl and a man who simply swore they were present and saw the robbery but did not recognize either of the defendants as being one of those taking part in it.
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Appeal from St. Louis City Circuit Court. — Hon. J. A. Tatty, Judge. (1) There was no exception at the time to the failure of the court to instruct on all the law of the case and therefore no advantage can be taken of that now. State v. Cantiña, 118 Mo. 100. (2) The affidavits are by a girl and a man who simply swore they were present and saw the robbery but did not recognize either of the defendants as being one of those taking part in it. This was simply culminative evidence and is no ground for a new trial. State v. Ray, 53 Mo. 315.
1Opinion of the CourtSherwood, J.
Robbery in tbe first degree was tbe crime charged and established against defendant and Frank Sntter. Defendant alone appealed from the judgment rendered.
The instructions were such as have frequently received the sanction of this court and covered every point necessary for the information of the jury, and therefore there is no ground for complaint that the court did not fully instruct the jury. But in addition to that, defendant saved no exceptions to the áction of the court because it failed to instruct, etc. [State v. Cantlin, 118 Mo. 100.]
Relative to the motion for a new trial and the…
2Cases cited2 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. McLaughlinSupreme Court of Missouri · 1858
3Cited by11 opinions
- State v. Carroll and JocoySupreme Court of Missouri · 1921
- State v. ThornhillSupreme Court of Missouri · 1903
- State v. SheardSupreme Court of Missouri · 1955
- State v. TaylorSupreme Court of Missouri · 1914
- State v. LambertSupreme Court of Missouri · 1927
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