State v. Gooch
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. G. D. Burgess, Judge. (1) The first instruction given for the state was erroneous. It was without evidence to support it. (2 ) The state’s second instruction was also wrong. Even if defendant had mentally approved the acts of Nathan Gooch without, however, giving expression to such approval by act or word, this of itself would not have constituted a crime. State ®. Cox, 65 Mo. 29; State 'o. Hielcam, 95 Mo. 322; Wharton’s Crim.
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Appeal from Linn Circuit Court. — Hon. G. D. Burgess, Judge. (1) The first instruction given for the state was erroneous. It was without evidence to support it. (2 ) The state’s second instruction was also wrong. Even if defendant had mentally approved the acts of Nathan Gooch without, however, giving expression to such approval by act or word, this of itself would not have constituted a crime. State ®. Cox, 65 Mo. 29; State 'o. Hielcam, 95 Mo. 322; Wharton’s Crim. Evid. [ 8 Ed.] 440. (3) Aside from the objections suggested to the instructions given to the jury, the defendant’s motion for a…
1Opinion of the CourtThomas, J.
The defendant, Nathan Gooch, and Roland Gooch, Sr., were indicted in the Linn county circuit court, at the June term thereof for 1888, for a felonious assault upon S. P. Boyer, with intent to kill him. At the December term of that court, they were tried. Defendant was convicted and sentenced to pay a fine of $166.66f; Nathan Gooch was convicted and sentenced to pay a fine of $200, and' Roland Gooch, Sr., was acquitted. Defendant, Alexander Gooch, alone appeals.
The bill of exceptions shows that “ the state offered evidence tending to prove that on the second day of June, 1888, at the county of…
2Cited by8 opinions
- Espy v. StateWyoming Supreme Court · 1939
- State v. ValleSupreme Court of Missouri · 1901
- Willi v. LucasSupreme Court of Missouri · 1892
- Brouster v. FoxMissouri Court of Appeals · 1906
- State v. JonesSupreme Court of Missouri · 1925
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