State v. Woolard
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. John G-. Wear, Judge. (1) There is not sufficient evidence in this record to warrant a conviction on any of the grades of homicide, and the judgment should be reversed and the defendant discharged. (2) The defendant and Brown, being both charged as principals for the commission of the same offense, should have been joined in one indictment if indicted at all. Revised Statutes, 1889, sec. 4105. (3) The witness, Alf.
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Appeal from Butler Circuit Court. — Hon. John G-. Wear, Judge. (1) There is not sufficient evidence in this record to warrant a conviction on any of the grades of homicide, and the judgment should be reversed and the defendant discharged. (2) The defendant and Brown, being both charged as principals for the commission of the same offense, should have been joined in one indictment if indicted at all. Revised Statutes, 1889, sec. 4105. (3) The witness, Alf. Brown, if he is to be believed at all, is shown by his own as well as other testimony to be a particeps criminis. in the commission of the…
1Opinion of the CourtGantt, P. J.
The defendant was indicted at the May term, 1891, of the Butler county circuit court, for the murder of John Yarbrough. At the same term the same grand jury indicted one Alfred Brown for the identical offense. When the cause came to trial the state dismissed the indictment against Brown, and he testified against the defendant.
The evidence tended to prove that John Yarbrough was a single man. He lived on a small farm by himself, in what was known as the Hays settlement, in said county. He was reputed to have considerable money. He was shot twice. One bullet entered his back, just above the…
2Cases cited6 opinions
- State v. MoxleySupreme Court of Missouri · 1890
- State v. JacksonSupreme Court of Missouri · 1891
- Haynes v. Town of TrentonSupreme Court of Missouri · 1891
- People v. Fong Ah SingCalifornia Supreme Court · 1883
- State v. HarkinsSupreme Court of Missouri · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- State v. DonnellySupreme Court of Missouri · 1895
- State v. BrooksMissouri Court of Appeals · 1973
- State v. HubbardSupreme Court of Missouri · 1943
- State v. MarcksSupreme Court of Missouri · 1897
20 more not listed; retrieve them via the Exa API.