State v. Crosswhite
Supreme Court of Missouri
Appeal from Jackson ■ Criminal Court. — Hon. John W. Woeeord, Judge. (1) The court let in evidence on all the first five counts in the indictment, and defendant, while being tried on all six counts, could not legally object to any evidence relevant and proper on any one of them.
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Appeal from Jackson ■ Criminal Court. — Hon. John W. Woeeord, Judge. (1) The court let in evidence on all the first five counts in the indictment, and defendant, while being tried on all six counts, could not legally object to any evidence relevant and proper on any one of them. After it was all in, and the court could not exclude it without leaving its prejudicial influence, the court then withdrew the first- five counts, and let all the evidence stand, that which tended to prove defendant guilty of embezzling the proceeds of the potatoes as well as the potatoes themselves. This was fatal…
1Opinion of the CourtBurgess, J.
At the April term, 1895, of the criminal court of Jackson county, Missouri, defendant was convicted of the crime of embezzlement and his *362punishment fixed at two years’ imprisonment in the penitentiary. From the judgment and. sentence he appealed.
There were six counts in the indictment, but after the evidence was all in the court withdrew the first five, and the conviction was under the sixth count, which, leaving off the formal parts, is as follows:
“And. the grand jurors aforesaid, on their oath aforesaid, do further present, that on the seventeenth day of December, A. D. 1894, at said…
2Cases cited5 opinions
- State v. AdamsSupreme Court of Missouri · 1891
- State v. DodsonSupreme Court of Missouri · 1880
- State v. GrishamSupreme Court of Missouri · 1886
- Bourg v. LopezSupreme Court of Louisiana · 1884
- Furlow v. GillianTexas Supreme Court · 1857
3Cited by13 opinions
- People v. MaljanCalifornia Court of Appeal · 1917
- State v. ListonSupreme Court of Missouri · 1928
- State v. RussellSupreme Court of Missouri · 1954
- State v. AndersonSupreme Court of Missouri · 1950
- State v. SchilbSupreme Court of Missouri · 1900
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