Legal Opinion

State v. Lewis

Supreme Court of Missouri

Decided February 26, 1918PublishedCited by 25 opinions

Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) Tlie court erred in overruling the defendant’s demurrer to the evidence at the close of the State’s ease, because there was no evidence that the defendant Roy Joe Lewis in any way aided or participated in the killing of McKenna, and because it was not shown that they were conspirators, or that they were engaged in a common design of which the offense was a part.

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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) Tlie court erred in overruling the defendant’s demurrer to the evidence at the close of the State’s ease, because there was no evidence that the defendant Roy Joe Lewis in any way aided or participated in the killing of McKenna, and because it was not shown that they were conspirators, or that they were engaged in a common design of which the offense was a part. Green v. State, 13 Mo. 382; State v. Walker, 96 Mo. 95. (2) The giving of instructions without evidence upon which to base them is reversible error. State v.…

1Opinion of the Court

ROY, C.

Defendants were charged by indictment with the murder in the first degree of police officer John F. McKenna. The jury found them both guilty as charged, and fixed their punishment at death. The trial court commuted the defendant Roy Lewis’s punishment to a life term in the penitentiary. They were sentenced accordingly, and have appealed. After the *523disposal of the ease in the trial court, the defendants discharged the lawyer who had represented them during the trial. Other counsel appears for them in this court, and in his brief herein he says:

“An examination of the facts and a reading…

2Cases cited8 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. State v. WalkerSupreme Court of Missouri · 1888
  3. State v. HopperSupreme Court of Missouri · 1880
  4. State v. FairlambSupreme Court of Missouri · 1894
  5. State v. UmbleSupreme Court of Missouri · 1893

3 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. State v. NaselloSupreme Court of Missouri · 1930
  2. State v. ChambersSupreme Court of Missouri · 1975
  3. State v. MessinoSupreme Court of Missouri · 1930
  4. State v. BuxtonSupreme Court of Missouri · 1929
  5. State v. BarbataSupreme Court of Missouri · 1935

20 more not listed; retrieve them via the Exa API.

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