State v. Welch
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Now. Henry G. Riley, Judge. (1) The court erred in overruling defendant’s demurrer to the State’s evidence at the close of the State’s case.
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Appeal from New Madrid Circuit Court. — Now. Henry G. Riley, Judge. (1) The court erred in overruling defendant’s demurrer to the State’s evidence at the close of the State’s case. State v. Patrick, 107 Mo. 147; State v. Burgdorf, 53 Mo. 65. (2) The court erred in permitting witness Dorrity, the son of the prosecutrix, to testify for the State over the objections of the defendant, after the witness had sat in the courtroom in the presence and hearing of the witnesses during the progress of the trial, after the witnesses were sworn and excluded- under the rule. (3) The verdict is the result of…
1Opinion of the CourtBurgess, P. J.
At the September term, 1904, of the New Madrid Circuit Court, upon an information theretofore filed by the prosecuting attorney of said county, defendant was convicted of the crime of rape upon Frances M. Dorrity, and his punishment assessed at thirteen years imprisonment in the penitentiary. The defense was an alibi. Defendant’s motions for a new trial and in arrest of judgment having been overruled, he appeals to this court.
The prosecutrix was a widow, forty-one years of age, her husband having been dead eleven years, and resided on her farm near Cushion Lake, in New Madrid county. She was…
2Cases cited4 opinions
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1870
- State v. CantlinSupreme Court of Missouri · 1893
- State v. MarcksSupreme Court of Missouri · 1897
- State v. PatrickSupreme Court of Missouri · 1891
3Cited by23 opinions
- State v. MoormanSupreme Court of North Carolina · 1987
- State v. StroudSupreme Court of Missouri · 1951
- State v. PfeiferSupreme Court of Missouri · 1916
- State v. DigheraMissouri Court of Appeals · 1981
- Brown v. StateSupreme Court of Georgia · 1912
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