State v. Underwood
Supreme Court of Missouri
Error to Newton County Circuit 'Court. The court, on motion of the plaintiff by its attorney, gave the following instructions: 1. The court instructs the jury, that, if they believe from the evidence that the defendant pulled down and removed the dwelling-house of Joseph Wood without authority, such act of pulling down and removing said house is of itself sufficient proof, in the absence of any rebutting testimony, to show that said house was pulled down and removed…
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Error to Newton County Circuit 'Court. The court, on motion of the plaintiff by its attorney, gave the following instructions: 1. The court instructs the jury, that, if they believe from the evidence that the defendant pulled down and removed the dwelling-house of Joseph Wood without authority, such act of pulling down and removing said house is of itself sufficient proof, in the absence of any rebutting testimony, to show that said house was pulled down and removed maliciously and wilfully. 2. That if the jury find the defendant guilty they will assess as a punishment imprisonment in the…
1Opinion of the CourtLovelace, Judge
This is an indictment against the defendant for pulling down and moving a dwelling-house, alleged to belong to one Joseph Wood. The evidence showed that the defendant pulled down the house and moved it into the town of Neosho, and there put it up and was using it; that Wood’s family had moved out of the house some months before it was moved, and that no person was occupying it at the time..
The defendant then offered to prove that Joseph Wood had left the neighborhood about a year and a half before the house was moved ; that when he went away he left his wife and family in the house; that,…
2Cited by2 opinions
- People v. BushCalifornia Supreme Court · 1884
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