State v. Parker
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hon. David H. Harris, Judge. There is no substantial testimony to support the verdict. Therefore the court committed error in re- • fusing to give the demurrer asked by the appellant at the close of the State’s case. This was a special demurrer and went only to the sufficiency of the testimony to support the charge of robbery.
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Appeal from Marion Circuit Court. — Hon. David H. Harris, Judge. There is no substantial testimony to support the verdict. Therefore the court committed error in re- • fusing to give the demurrer asked by the appellant at the close of the State’s case. This was a special demurrer and went only to the sufficiency of the testimony to support the charge of robbery. The testimony of the prosecuting witness wholly fails to show that any property was taken by “violence,” or “by putting the owner in fear. ’ ’ One or the other must be shown. Robbery in the first degree under our statute and…
1Opinion of the CourtFaris, J.
Defendant, convicted in the circuit court of Marion county of robbery in the first degree, after the usual motions for a new trial and in arrest, appeals. The punishment assessed upon conviction was imprisonment in the penitentiary for a term of five years.
The facts developed upon the trial so far as they are pertinent to the matters it has become necessary for us to discuss in the opinion, were substantially as follows:
In the afternoon of the 15th of February, 1913, one Herman Buckhold, the man alleged to have been robbed, and who is the prosecuting witness herein, was in the city of…
2Cases cited27 opinions
- Thomas v. StateSupreme Court of Alabama · 1890
- People v. CampbellIllinois Supreme Court · 1908
- Hall v. PeopleIllinois Supreme Court · 1898
- State v. KennedySupreme Court of Missouri · 1900
- Routt v. StateSupreme Court of Arkansas · 1896
22 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State v. O'BRIENSupreme Court of Missouri · 1993
- State v. HawkinsSupreme Court of Missouri · 1967
- State v. AdamsSupreme Court of Missouri · 1966
- State v. TivisMissouri Court of Appeals · 1994
- State v. ChurchillSupreme Court of Missouri · 1957
23 more not listed; retrieve them via the Exa API.