State v. Coleman
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction— Hon. H, N. Moore, Judge. STATEMENT. Defendant was tried in the St. Lonis court of criminal correction, before the judge of that court, a jury having been waived, on an information charging assault and battery. He was found guilty and filed a motion to set aside the verdict of the court, on the ground that it was against the evidence and the weight of the evidence. His motion being denied, defendant appealed.
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Appeal from St. Louis Court of Criminal Correction— Hon. H, N. Moore, Judge. STATEMENT. Defendant was tried in the St. Lonis court of criminal correction, before the judge of that court, a jury having been waived, on an information charging assault and battery. He was found guilty and filed a motion to set aside the verdict of the court, on the ground that it was against the evidence and the weight of the evidence. His motion being denied, defendant appealed. Charles P. Rolls, the prosecuting witness, testified in chief as follows: ‘ ‘ State your name í A. Clmrles P. Rolls. “Q. What is your…
1Opinion of the CourtBland, P. J.
(after stating the facts). — When the trial court sits as a jury and gives a general verdict, an appellate court, in respect to the evidence, can only look to see if there is any substantial evidence to sup-dict. Bozarth v. Legion of Honor, 93 Mo. App. 564, 67 S. W. 679. The general rule .of appellate practice is that an appellate court will not reverse a judgment, on the ground that the verdict is against the weight of the evidence, but will sustain the verdict where there is substantial evidence in support of it. Temple v. Railway, 83 Mo. App. 64; Colyer v. Railway, 93 Mo. App. 147; Deere…
2Cases cited4 opinions
- John Deere Plow Co. v. SullivanSupreme Court of Missouri · 1900
- Bozarth v. Lincoln Legion of HonorMissouri Court of Appeals · 1902
- Colyer v. Missouri Pacific RailroadMissouri Court of Appeals · 1902
- Temple v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1900
3Cited by1 opinion
- City of Poplar Bluff v. ReynoldsMissouri Court of Appeals · 1910