State v. Valle
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon, Bolden P. Spencer, Judge. While the instruction may be good in the abstract, we contend that, in this cause, it was unwarranted by the evidence, calculated to mislead, and prejudicial, especially, as without amplification, it certainly suggested to the jury that it made no difference whether the shooting was done by appellant or Brown, they being companions on the car.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon, Bolden P. Spencer, Judge. While the instruction may be good in the abstract, we contend that, in this cause, it was unwarranted by the evidence, calculated to mislead, and prejudicial, especially, as without amplification, it certainly suggested to the jury that it made no difference whether the shooting was done by appellant or Brown, they being companions on the car. A mere presence, or presence combined with a refusal to interfere or a mere knowledge that a crime is about to be committed, or a mental approbation of what is done, while the…
1Opinion of the CourtBurgess, J.
— Under an indictment charging defendant and one Lem Brown jointly with assaulting and shooting one Edward C. Bell with a pistol, with malice aforethought, defendant was convicted, and his punishment fixed at five years’ imprisonment in the penitentiary. After unavailing motion for a new trial defendant appeals.
On the evening of December 31, 1899, Edward O. Bell was the conductor of a Laclede avenue street car running east on Market street from Jefferson avenue to Thirteenth street in the city of St. Louis, and about nine o’clock of that evening defendant and another negro boarded the car as…
2Cases cited7 opinions
- State v. OrrickSupreme Court of Missouri · 1891
- Cooper v. JohnsonSupreme Court of Missouri · 1884
- Murphy v. WilsonSupreme Court of Missouri · 1869
- Page v. FreemanSupreme Court of Missouri · 1854
- Allred v. BraySupreme Court of Missouri · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. MenzSupreme Court of Missouri · 1937
- State v. DarlingSupreme Court of Missouri · 1906
- State v. WartersSupreme Court of Missouri · 1970
- State v. HardinSupreme Court of Missouri · 1929
- State v. DockerySupreme Court of Missouri · 1912
4 more not listed; retrieve them via the Exa API.