State v. Balch
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Hon. Henry L. Edmunds, Judge. (1) There is no error apparent in the record proper. The indictment is sufficient in all respects and follows approved precedents. (2) The point made on the opening of the case against the reception of any 'testimony is not preserved in the motion for new trial, nor is there anything apparent of record to sustain it.
Read the full summary
Appeal from St. Louis Criminal Court. — Hon. Henry L. Edmunds, Judge. (1) There is no error apparent in the record proper. The indictment is sufficient in all respects and follows approved precedents. (2) The point made on the opening of the case against the reception of any 'testimony is not preserved in the motion for new trial, nor is there anything apparent of record to sustain it. (3) The demurrer to the state’s evidence was properly overruled; moreover, the point is not preserved in the motion for a new trial. (4) The record shows that no testimony offered on the part of the appellant…
1Opinion of the CourtSherwood, J.
Robbery in the first degree is the charge in the indictment on which defendant was tried, the trial resulting in a conviction and sentence to imprisonment in the penitentiary for the term of five years.
Upon the impaneling of the jury defendant objected ore tenus to the introduction of .any testimony under the indictment, his counsel stating to the court: “There is the same question in this case as there has been in a number of others. This is a case where a change of venue was taken to St. Louis county, it being nolle pros’d there and a new indictment found here.” The objection was overruled…
2Cases cited3 opinions
- State v. MyersSupreme Court of Missouri · 1884
- State v. MooreSupreme Court of Missouri · 1890
- State v. CastorSupreme Court of Missouri · 1887
3Cited by14 opinions
- Wallace v. StateSupreme Court of Florida · 1899
- State v. SpraySupreme Court of Missouri · 1903
- State v. JohnsonSupreme Court of Iowa · 1936
- State v. WilsonSupreme Court of Missouri · 1909
- State v. MedleySupreme Court of Missouri · 1950
9 more not listed; retrieve them via the Exa API.