State v. Lacey
Supreme Court of Missouri
Appeal from Cape Qirarcleau Circuit Court. — Hon. H. 0. O’Bryan, Judge. (1) The refusal of the court to grant a continuance on account of the absence of John Gr. Juden (who had been subpoenaed but was sick in bed), a material and a very material witness, was.undoubted error. (2) The court erred in failing to give an instruction as to previous good character of defendant. It is the duty of the trial court to give all necessary instructions.
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Appeal from Cape Qirarcleau Circuit Court. — Hon. H. 0. O’Bryan, Judge. (1) The refusal of the court to grant a continuance on account of the absence of John Gr. Juden (who had been subpoenaed but was sick in bed), a material and a very material witness, was.undoubted error. (2) The court erred in failing to give an instruction as to previous good character of defendant. It is the duty of the trial court to give all necessary instructions. State v. Palmer, 88 Mo. 568; State v. Banks, 73 Mo. 592. And where it fails to do so it constitutes reversible error. State v. Banks, 73 Mo. 592. And in…
1Opinion of the CourtThomas, J.
The defendant was indicted in Jan-nary, 1891, >in the circuit court of Cape Girardeau county, for an assault with intent to ravish a female under the age of fourteen years, was found guilty thereof upon trial had, and sentenced to imprisonment in the penitentiary for a term of three years, and the case is before us on appeal.
The evidence on the part of the state shows that if any crime was committed it was rape, and not an assault with intent to commit rape. Ada Bush, the. prosecutrix, testified that she was thirteen years old at the time of the alleged commission of the offense, and that…
2Cases cited3 opinions
- State v. HouxSupreme Court of Missouri · 1891
- State v. WhiteSupreme Court of Missouri · 1865
- State v. WackerMissouri Court of Appeals · 1885
3Cited by8 opinions
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. KingMissouri Court of Appeals · 1979
- State v. ScottSupreme Court of Missouri · 1903
- State v. BakerSupreme Court of Missouri · 1955
- State v. BobbittSupreme Court of Missouri · 1912
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