State v. Cox
Missouri Court of Appeals
Appeal from Holt Circuit Court. — Eon. William C. i Ellison■, Judge. (1) The judgment of the trial court will be reversed when there is an entire failure of evidence to show the guilt of the defendant as charged in the indictment. State v. Mahann, 138 Mo. 112; State v. Gordon, 199 Mo. 596. A verdict of guilty cannot rest upon conjecture or suspicion. State v. Gordon, 199 Mo. 596. If the conviction is without substantial evidence to support it the judgment will be reversed.
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Appeal from Holt Circuit Court. — Eon. William C. i Ellison■, Judge. (1) The judgment of the trial court will be reversed when there is an entire failure of evidence to show the guilt of the defendant as charged in the indictment. State v. Mahann, 138 Mo. 112; State v. Gordon, 199 Mo. 596. A verdict of guilty cannot rest upon conjecture or suspicion. State v. Gordon, 199 Mo. 596. If the conviction is without substantial evidence to support it the judgment will be reversed. State v. Marshall, 47 Mo. 378; State v. Scott, 177 Mo. 673, and cases cited; State v. Gordon, supra; State v. Fuchs, 17…
1Opinion of the CourtBroaddus, P. J.
The defendant was indicted for the illegal sale of intoxicating liquors. The indictment contains twelve counts. The first, fourth, seventh and tenth counts charge him with a violation of the Druggists’ and Pharmacists’ Act; the second, fifth, eighth and eleventh counts charge him with the offense of permitting liquors to be drunk on his premises; the third, sixth, ninth and twelfth counts charge him with illegal sales under the Dramshop Act.
The evidence introduced at the trial was that of one witness, who testified that in July, 1906, the defendant was engaged in the business of a druggist in…
2Cases cited2 opinions
- State v. ClarkSupreme Court of Missouri · 1898
- State v. McAnallyMissouri Court of Appeals · 1904