State v. Eatherly
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J, L. Fort, ' Judge. The court’s remarks to the jury, after the jury had been deliberating for three hours, constitute reversible error of the worst variety. State v. Nelson, 181 Mo. 340; McPeak v. Railroad, 128 Mo. 617; State v. Hill, 91 Mo. 428; Edens v. Railroad, 72 Mo. 212; Good-sell v. Seeley, 46 Mich. 623; Randolph v. Lampkin, 90 Ky. 550; State v. Punshon, 124 Mo. 448; Ins.
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Appeal from Butler Circuit Court. — Hon. J, L. Fort, ' Judge. The court’s remarks to the jury, after the jury had been deliberating for three hours, constitute reversible error of the worst variety. State v. Nelson, 181 Mo. 340; McPeak v. Railroad, 128 Mo. 617; State v. Hill, 91 Mo. 428; Edens v. Railroad, 72 Mo. 212; Good-sell v. Seeley, 46 Mich. 623; Randolph v. Lampkin, 90 Ky. 550; State v. Punshon, 124 Mo. 448; Ins. Co. v. White, 24 S. W. 425. Error is presumptively harmful. State v. Shipley, 174 Mo. 512. The language of the court was in our judgment unwarranted in law and had a decided…
1Opinion of the CourtGantt, P. J.
This is an appeal from á judgment of the circuit court of .Butler county. The proceeding is by information duly verified as the statute directs and charges larceny of a bay mare with blaze face on or about the thirteenth of May, 1903, the property of G. S. Hunt. Defendant was duly arraigned and pleaded not guilty. He was convicted on the ninth day of October, 1903, and on'the same day filed his motion for new trial. The court having adjourned to December 11, 1903, the said motion was on said day overruled and defendant duly excepted and on said 11th of December filed his motion in arrest…
2Cases cited4 opinions
- State v. HillSupreme Court of Missouri · 1886
- McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Edens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- State v. NelsonSupreme Court of Missouri · 1904
3Cited by3 opinions
- Taylor v. StateCourt of Special Appeals of Maryland · 1973
- Alcorn v. Cudahy Packing Co.Supreme Court of Kansas · 1928
- State v. KlinkSupreme Court of Missouri · 1953