State v. Packwood
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. The defendant, Larkin Packwood, was indicted for the murder of John T. Dougherty. The case was removed by change of venue from the circuit court of Davis county to the circuit court of Caldwell county.
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Appeal from Caldwell Circuit Court. The defendant, Larkin Packwood, was indicted for the murder of John T. Dougherty. The case was removed by change of venue from the circuit court of Davis county to the circuit court of Caldwell county. At the trial the following testimony was introduced in behalf of the prosecution: Henson Bennett, a witness on the part of the State, states, he knew defendant and John T. Dougherty, the deceased; in December last, about the middle of the month, heard defendant say that Talbot and Dougherty were stealing grain and ought not to live; afterwards heard defendant…
1Opinion of the CourtNapton, Judge
It is not the province of this court to weigh evidence, nor has it been the practice to interfere with that discretion which has been entrusted to circuit judges over the verdicts of juries. I am not aware, however, that the court has in any case entirely repudiated all power over the subject, although I believe the tendency of recent decisions has been in that direction. . Without undertaking to define the precise limits within which this power may be exercised, we are constrained to say that the verdict in this case is unsupported by the evidence, and can not be allowed to stand.
The facts…
2Cited by19 opinions
- State v. GregorySupreme Court of Missouri · 1936
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. HerrellSupreme Court of Missouri · 1888
- State v. PrimmSupreme Court of Missouri · 1889
- State v. ParkerSupreme Court of Missouri · 1888
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