State v. Evans
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Thomas F. By an, Judge. . (1) The court erred in submitting the case to the jury and in failing to instruct the jury to find the defendant not guilty, which instruction was asked by defendant at the close of,,the State’s case, because the evidence was not sufficient to establish the contract of marriage.
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Appeal from Buchanan Circuit Court. — Hon. Thomas F. By an, Judge. . (1) The court erred in submitting the case to the jury and in failing to instruct the jury to find the defendant not guilty, which instruction was asked by defendant at the close of,,the State’s case, because the evidence was not sufficient to establish the contract of marriage. State v. Heed, 57 Mo. 252; State,v. Reeves, 97 Mo. 668; State v. Eckler, 106 Mo. 593; State v. Long, 238 Mo. 393; State v. Bruton, 253 Mo. 361. (2) The court erred in failing to fully cover all the law in the ease in the instructions given for that…
1Opinion of the CourtBlair, J.
In the circuit court of Buchanan County, Homer Evans was convicted of seducing Ruby Jeffries under promise of marri'age, sentenced to three years in the penitentiary, and has appealed. Prosecutrix fixes the date of the first illicit act as November 24, 1912, and testifies the only other instance of the kind was upon December 14 of the same year. She was born November 6, 1892, and is one year younger than appellant. She lived with her parents, and, a quarter of a mile away, appellant lived with his sisters and widowed mother, near Saxton, Missouri. The two were reared thus near each other and…
2Cases cited3 opinions
- State v. PattersonSupreme Court of Missouri · 1885
- State v. MaguireSupreme Court of Missouri · 1878
- State v. EisenhourSupreme Court of Missouri · 1896
3Cited by5 opinions
- State v. FinkelsteinSupreme Court of Missouri · 1917
- State v. CraigSupreme Court of Missouri · 1968
- State v. HayesSupreme Court of Missouri · 1929
- State v. CurtisSupreme Court of Missouri · 1959
- State v. FinkelsteinSupreme Court of Missouri · 1917