Legal Opinion

State v. Schuerman

Missouri Court of Appeals

Decided April 20, 1897PublishedCited by 12 opinions

Appeal from the St. Louis Court of Criminal Correction. Hon. David Muephy, Judge. In a criminal case the venue must be proved as laid in the indictment. The proof may be either direct or indirect, but it must be. one or the other, and the record must show it, or this court will reverse. State v. Hart-nett, 75 Mo. 251; State v. Burgess, Id. 541. There was no evidence, either direct or circumstantial, that the offense charged was committed in the city of St. Louis.

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Appeal from the St. Louis Court of Criminal Correction. Hon. David Muephy, Judge. In a criminal case the venue must be proved as laid in the indictment. The proof may be either direct or indirect, but it must be. one or the other, and the record must show it, or this court will reverse. State v. Hart-nett, 75 Mo. 251; State v. Burgess, Id. 541. There was no evidence, either direct or circumstantial, that the offense charged was committed in the city of St. Louis. State v. McGinnis, 74 Mo. 245; State v. King, 110 Id, 576. This rule is enforced even in a civil case. Balcenstoe v. B. B., 86 Mo.…

1Opinion of the CourtBland, P. J.

Information was filed by Richard M. Johnson, assistant prosecuting attorney of the city of St. Lonis, in the court of criminal correction, charging the defendant under section 3495, Revised Statutes 1889, with having produced an abortion upon one Louisa Bateman by the use of an instrument. The defendant was arraigned, tried, found guilty, and sentenced to the workhouse for six months, and to pay a fine of $100. From this judgment and sentence she duly appealed to this court.

The evidence on the part of the state is as follows:

“Louisa Bateman testified as follows:

‘ ‘I called on the defendant at…

2Cases cited1 opinion

  1. State v. SauerburgerMissouri Court of Appeals · 1895

3Cited by12 opinions

  1. People v. MaloneCalifornia Court of Appeal · 1947
  2. State v. WellsUtah Supreme Court · 1909
  3. State v. DeGroatSupreme Court of Missouri · 1914
  4. State v. LongstrethNorth Dakota Supreme Court · 1909
  5. State v. ReillyNorth Dakota Supreme Court · 1913

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