State v. Chappell
Supreme Court of Missouri
Appeal from Greene Criminal Court. — Eon. Jas. J. Gideon, Judge. (1) The instruction in regard to verbal statements or any statements having been made by the defendant should not have been given because it was calculated to raise in the mind of the jury or some member thereof the belief that some such evidence had been given or the court would not have commented upon it, when, in fact, no such evidence had been offered by the State, much less admitted by the court.
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Appeal from Greene Criminal Court. — Eon. Jas. J. Gideon, Judge. (1) The instruction in regard to verbal statements or any statements having been made by the defendant should not have been given because it was calculated to raise in the mind of the jury or some member thereof the belief that some such evidence had been given or the court would not have commented upon it, when, in fact, no such evidence had been offered by the State, much less admitted by the court. And the instruction having been given, it is an assumption upon the part of the court that such evidence was before the jury for…
1Opinion of the CourtFox, J.
— Defendant, together with one Harry Conway, was indicted in Greene, county, upon a charge of feloniously and burglariously breaking into a freight car belonging to the St. Louis & San Francisco Railroad Company, and stealing therefrom twenty-four pairs of shoes of the value of. fifty dollars. The venue of the crime is laid in Greene county and August 3, 1902, is stated as the date of its commission. After the indictment was found and defendants were arrested, a severance was called for and granted.
It appears that soon after Conway was arrested, he entered a plea of guilty and was sentenced…
2Cases cited5 opinions
- Saunders v. PeopleMichigan Supreme Court · 1878
- State v. HayesSupreme Court of Missouri · 1891
- Posthlewaite v. GhiselinSupreme Court of Missouri · 1888
- Allen v. StateSupreme Court of Alabama · 1867
- Livingston v. AllenMissouri Court of Appeals · 1900
3Cited by4 opinions
- Meredith v. WhillockMissouri Court of Appeals · 1913
- Blackburn v. StateArizona Supreme Court · 1927
- State v. MurphySupreme Court of Missouri · 1928
- State v. ShanksMissouri Court of Appeals · 1910