Legal Opinion

State v. Hibler

Supreme Court of Missouri

Decided May 9, 1899PublishedCited by 8 opinions

Appeal from Chariton Circuit Courts — Hon. W. W. Sucker., Judge. (1) The remarks of the assistant counsel on the part ■of the State, were outside of the record, a personal attack on the defendant, highly prejudicial, and warrants this court in reversing the judgment. State v. Young, 99 Mo. 683; State v. Jackson, 95 Mo. 653; State v. Ulrich, 110 Mo. 365; State v. Warlord, 106 Mo. 65; State v. Eairlamb, 121 Mo. 150. (2) The evidence was insufficient to support the ver-dict.

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Appeal from Chariton Circuit Courts — Hon. W. W. Sucker., Judge. (1) The remarks of the assistant counsel on the part ■of the State, were outside of the record, a personal attack on the defendant, highly prejudicial, and warrants this court in reversing the judgment. State v. Young, 99 Mo. 683; State v. Jackson, 95 Mo. 653; State v. Ulrich, 110 Mo. 365; State v. Warlord, 106 Mo. 65; State v. Eairlamb, 121 Mo. 150. (2) The evidence was insufficient to support the ver-dict. There was a failure in the evidence to show rape, and •defendant should be discharged. State v. Patrick, 107 Mo. 147;…

1Opinion of the CourtBitrgess, J.

At the July term, 1898, of the circuit court of Chariton county, defendant was convicted of rape alleged to have been committed on one Imogene Sublett at said county on the twelfth day of June, 1898, and his punishment fixed at five years’ imprisonment in the penitentiary.

He appeals.

The defendant and Imogene Sublett were about the same age — twenty years — lived about three quarters of a mile apart, and had attended the same school. The families of which they are members were upon intimate terms, and the younger members, especially, exchanged visits. Defendant had never called upon Imogene…

2Cases cited1 opinion

  1. State v. SummarSupreme Court of Missouri · 1898

3Cited by8 opinions

  1. State v. SnyderSupreme Court of Missouri · 1904
  2. State v. RogersSupreme Court of Missouri · 1913
  3. State v. TracySupreme Court of Missouri · 1922
  4. Saxton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
  5. McCormack v. HendersonMissouri Court of Appeals · 1903

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