State v. Wigger
Supreme Court of Missouri
Appeal from St. Francois Circuit Court.—Eon. Chas* A. Killian, Judge. (1) The motion to discharge the defendant should have been sustained. Secs. 2641, 2642, 2643, 2644, R. S. 1899; Brooks v. People, 88 111. 327. (2) It was error for the prosecuting attorney to ask witnesses for defendant if they were not charged with the crime of robbery. It is elementary that a mere charge is no evidence of guilt.
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Appeal from St. Francois Circuit Court.—Eon. Chas* A. Killian, Judge. (1) The motion to discharge the defendant should have been sustained. Secs. 2641, 2642, 2643, 2644, R. S. 1899; Brooks v. People, 88 111. 327. (2) It was error for the prosecuting attorney to ask witnesses for defendant if they were not charged with the crime of robbery. It is elementary that a mere charge is no evidence of guilt. State v. Smith, 125 Mo. 2; State v. Taylor, 98 Mo. 240; State v. Donnelly, 130 Mo. 642; State v. Blitz, 170 Mo. 530. (3) There can be no question as to the impropriety and highly prejudicial…
1Opinion of the CourtGantt, J.
On the 31st day of May, 1904, the prosecuting attorney of St. Francois county filed an information charging the defendant with the crime of arson in the third degree for the burning of a saloon, the property of Z. B. Jennings, on the 20th of January, 1903. A change of venue was taken from the regular judge of said circuit, and Hon. E. M. Dearing, judge of the Twenty-First Judicial Circuit, was called as special judge to try the case.
*93The defendant was duly arraigned, entered his plea of not guilty, was tried and convicted, and his punishment assessed at a term of five years in the…
2Cases cited13 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- State v. MartinSupreme Court of Missouri · 1894
- State v. MarcksSupreme Court of Missouri · 1897
- State v. JacksonSupreme Court of Missouri · 1888
- State v. MillerSupreme Court of Missouri · 1890
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3Cited by23 opinions
- State v. WilliamsSupreme Court of North Carolina · 1971
- State v. McKeeverSupreme Court of Missouri · 1936
- State v. MaloneSupreme Court of Missouri · 1957
- State v. BlackMissouri Court of Appeals · 1979
- State v. MenzSupreme Court of Missouri · 1937
18 more not listed; retrieve them via the Exa API.