State v. Fred
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — IIon. P. R. Nlitcraet, Judge. Tbe court erred in refusing to give the instruction offered by appellant, (a) In his position as a witness testifying against appellant, William Van Leuven occupied the attitude of au accomplice. Wharton’s Crim. Law (9 Ed.), sec. 982a; People v. Dunn, 7 N. Y. Orim. Rep. 174; State y. Scott, 28 Ore. 331; State v. Oarr, 28 Ore. 389; State y. McCoy, 52 Oh.
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Appeal from St. Louis City Circuit Court. — IIon. P. R. Nlitcraet, Judge. Tbe court erred in refusing to give the instruction offered by appellant, (a) In his position as a witness testifying against appellant, William Van Leuven occupied the attitude of au accomplice. Wharton’s Crim. Law (9 Ed.), sec. 982a; People v. Dunn, 7 N. Y. Orim. Rep. 174; State y. Scott, 28 Ore. 331; State v. Oarr, 28 Ore. 389; State y. McCoy, 52 Oh. St. 157; Walker v. State, 37 S. W. Rep. 423; Ruffin y. State, 38 S. W. Rep. 169. (b) It is the duty of the court to give a cautioning instruction as to the testimony of…
1Opinion of the CourtGantt, P. J.
The defendant was indicted at the October term, 1897, of the circuit court of St. Louis, for knowingly receiving and buying a horse from one William Van Leuven, which had previously been stolen from Randolph See, Jr., in Montgomery county.
He was duly arraigned, pleaded not guilty, and on May 24, 1898, was convicted and'sentenced to the penitentiary for two years. His motions for a new trial and in arrest of the judgment having been overruled he has appealed to this court.
There was abundant evidence to sustain the charge.
Practically the only question raised in this court, is the propriety of…
2Cases cited7 opinions
- State v. HaydenSupreme Court of Iowa · 1876
- State v. DonnellySupreme Court of Missouri · 1895
- State v. UmbleSupreme Court of Missouri · 1893
- People v. ChadwickUtah Supreme Court · 1891
- Allen v. StateSupreme Court of Georgia · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Leon v. StateArizona Supreme Court · 1920
- Burns v. PeopleSupreme Court of Colorado · 1961
- State v. ParkSupreme Court of Missouri · 1929
- Buttry v. StateCourt of Criminal Appeals of Oklahoma · 1921
- State v. CohenSupreme Court of Missouri · 1914
9 more not listed; retrieve them via the Exa API.