State v. Ballard
Supreme Court of Missouri
Appeal from Carter Circuit Court. — Hon. J. G. Wear, Judge. (1) This is a case of total failure of proof, and for that reason the judgment should be reversed. (2) The court as appears from the record wholly failed to instruct the jury, which was reversible error. State v. Banks, 73 Mo. 568 ; State v. Palmer, 88 Mo. 592; 10 Mo. App. Ill; 16 Mo.
Read the full summary
Appeal from Carter Circuit Court. — Hon. J. G. Wear, Judge. (1) This is a case of total failure of proof, and for that reason the judgment should be reversed. (2) The court as appears from the record wholly failed to instruct the jury, which was reversible error. State v. Banks, 73 Mo. 568 ; State v. Palmer, 88 Mo. 592; 10 Mo. App. Ill; 16 Mo. App. 556. (1) The court before which the case was tried did not find that the variance, if any, between the description of the cow as described in the indictment and as described in tlie evidence and between the name of “William Bowman, Sr.,” as charged…
1Opinion of the CourtMaobarlane, J.
— Defendant was indicted for the larceny of “one red brindle, white, line back cow,” the property of William Bowman, Sr.
William Bowman testified that a “red and white spotted, line back cow” was taken away or missed from his cattle on the twenty-third of October, 1885. Henry Detmers, a butcher at Piedmont, testified that in October or November, 1885, he bought between three and five head of cattle from defendant. One was a red and white spotted cow.” She was marked in the right ear, standing before the cow. She had been newly marked and had a chain about her horns. *636Defendant offered to pay…
2Cited by14 opinions
- State v. HutchinsonSupreme Court of Missouri · 1892
- State v. FoleySupreme Court of Missouri · 1913
- State v. ShapiroSupreme Court of Missouri · 1909
- State v. McMurphySupreme Court of Missouri · 1930
- State v. LongSupreme Court of Missouri · 1919
9 more not listed; retrieve them via the Exa API.