State v. Melton
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Hon. Joseph Cravens, Judge. The alibi established the good character of the defendant, as proved, and the contradictory statements of the prosecuting witness require a reversal of the-judgment. (1) The indictment is sufficient.
Read the full summary
Appeal from Newton Circuit Court. — Hon. Joseph Cravens, Judge. The alibi established the good character of the defendant, as proved, and the contradictory statements of the prosecuting witness require a reversal of the-judgment. (1) The indictment is sufficient. State v. Meinhart, 73 Mo. 562; McComas v. State, 11 Mo. 117. (2) The supreme court has exclusive appellate jurisdiction in felony cases (Constitution, art. 6, sec. 12, and amendments relative to courts of appeals, sec. 5), and this is a felony case. State v. Clayton, 100 Mo. 516; State v. ■Beffenbacher, 51 Mo. 26; State v. Green, 66…
1Opinion of the CourtOantt, P. J.
The defendant was tried and convicted of an assault with intent, to rape, in the circuit, court of Newton county, and his punishment assessed at six months in the county jail. He was indicted under section 3490, Revised Statutes, 1889. His appeal was taken to the St. Louis court of appeals, but that court, not having jurirdiction of “cases of felony” (section 12, art. 6, constitution of Missouri, 1875, and section 5 of amendment thereto adopted in November, 1884), certified the appeal to this court.
I. The crime charged is a felony, as the offense denounced by the statute may be pimished by…
2Cases cited4 opinions
- State v. GreenSupreme Court of Missouri · 1877
- State v. ClaytonSupreme Court of Missouri · 1890
- State v. DeffenbacherSupreme Court of Missouri · 1872
- State v. GilmoreMissouri Court of Appeals · 1888
3Cited by15 opinions
- State ex rel. Butler v. FosterSupreme Court of Missouri · 1905
- State v. CoorMissouri Court of Appeals · 1987
- State v. WoodsonSupreme Court of Missouri · 1913
- State v. AtlasMontana Supreme Court · 1926
- State v. PlassardSupreme Court of Missouri · 1946
10 more not listed; retrieve them via the Exa API.