State v. Johnson
Supreme Court of Missouri
Appeal from Barry Circuit Court.—Hon. W. E. Geiger, Judge. This court will not reverse a judgment because it is against the evidence, unless there is a total absence of evidence, or it fails so completely to support the verdict that the necessary inference is, that the jury aetedfrom prejudice or partiality. State v. Mustek, 71 Mo. 401; State v. Warner, 74 Mo. 83. The court properly instructed the jury as to the offense charged in the indictment. 1 Wag.
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Appeal from Barry Circuit Court.—Hon. W. E. Geiger, Judge. This court will not reverse a judgment because it is against the evidence, unless there is a total absence of evidence, or it fails so completely to support the verdict that the necessary inference is, that the jury aetedfrom prejudice or partiality. State v. Mustek, 71 Mo. 401; State v. Warner, 74 Mo. 83. The court properly instructed the jury as to the offense charged in the indictment. 1 Wag. Stat., § 32, p. 449. And it was competent to convict of assault and battery under the charge, if the evidence showed him to be guilty only of…
1Opinion of the Court
Philips, C.
The appellant was indicted in the month of September, 1879, in the Barry circuit court, for a felonious assault upon one Jesse Clark. On the trial, under instructions of the court so authorizing them, the jury returned a verdict of guilty of simple assault and battery, assessing a fine of one dollar and costs. Erom this judgment the defendant has appealed to this court.
I. The principal and only material question to be decided is, the right of the court and jury, under the indictment for a felonious assault, to convict the defendant of assault and battery. The authority for this…
2Cases cited2 opinions
- Ex parte BethurumSupreme Court of Missouri · 1877
- Barbee v. HerefordSupreme Court of Missouri · 1871
3Cited by6 opinions
- Patten v. CaseySupreme Court of Missouri · 1874
- State v. FrankSupreme Court of Missouri · 1890
- State v. Eaton and NormanSupreme Court of Missouri · 1927
- State v. OstmanMissouri Court of Appeals · 1910
- State v. KingSupreme Court of Missouri · 1892
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