State v. Leonard
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Son. L. B. Wood-side, Judge. (1) The court erred in refusing appellants’ peremptory instruction to acquit offered by them at the close of the State’s case. If there is no evidence tending to prove the commission of the crime, it is the duty of the court to so declare.
Read the full summary
Appeal from Dent Circuit Court. — Son. L. B. Wood-side, Judge. (1) The court erred in refusing appellants’ peremptory instruction to acquit offered by them at the close of the State’s case. If there is no evidence tending to prove the commission of the crime, it is the duty of the court to so declare. State v. Brosius, 39 Mo. 534; State v. Daubert, 42 Mo. 242. (2) There was no evidence at all to show that the alleged disturbance occurred before the minister dismissed the congregation. State (v. Jones, 53 Mo. 486; State v. Edwards, 32 Mo. 584.'
1Opinion of the CourtCox, J.
Defendants were charged with disturbing the peace of a certain congregation of people met together for the purpose of religious worship; were convicted and have appealed to this court. The evidence in this case all shows that the alleged disturbance occurred inside of the church house, but after the services had been dismissed by the minister.
*417The only question to be determined on this appeal is whether or not a party can be convicted of disturbing the peace of a congregation met for religious worship after the congregation has been dismissed by the pastor, but before it has gone out of the…
2Cases cited1 opinion
- State v. JonesSupreme Court of Missouri · 1873