State v. Baker
Supreme Court of Missouri
Appeal from. Clark Circuit Court. — Hon. N. M. Pettingill, Judge. (1) The trial court erred in overruling the motion filed by defendant to quash the ’ information and discharge defendant. State v. Wear, 145 Mo. 162; Ex parte Jilz, 64 Mo. 205. (2) The trial court erred in refusing to give the instruction asked by defendant at the close of the evidence directing the jury to find the defendant not guilty. There is no substantial evidence to support the verdict.
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Appeal from. Clark Circuit Court. — Hon. N. M. Pettingill, Judge. (1) The trial court erred in overruling the motion filed by defendant to quash the ’ information and discharge defendant. State v. Wear, 145 Mo. 162; Ex parte Jilz, 64 Mo. 205. (2) The trial court erred in refusing to give the instruction asked by defendant at the close of the evidence directing the jury to find the defendant not guilty. There is no substantial evidence to support the verdict. The evidence by which defendant’s guilt is sought to be established is wholly circumstantial. When a conviction for felony rests;…
1Opinion of the CourtParis, P. J.
Defendant, tried in the circuit court of Clark county upon an information charging him with grand larceny, for that he had stolen certain domestic fowls, viz., four goslings, was found guilty and his punishment assessed at imprisonment in the penitentiary for a term of three years. Prom this conviction, after the usual motions for a new trial and in arrest, he has appealed. ’
The facts disclosed by the evidence are substantially as follows:
Both defendant and one Mrs. Samuel Denny resided upon farms in Clark county, distant some several miles from each other. Mrs. Denny-was the owner of six…
2Cases cited22 opinions
- State v. RascoSupreme Court of Missouri · 1912
- State v. HendersonSupreme Court of Missouri · 1905
- Branson v. CommonwealthCourt of Appeals of Kentucky · 1891
- State v. HoweOregon Supreme Court · 1895
- State v. MontgomerySupreme Court of Missouri · 1904
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. CobbSupreme Court of Missouri · 1969
- In Re Estate of MapesSupreme Court of Missouri · 1987
- State v. PruntySupreme Court of Missouri · 1918
- State v. TiptonSupreme Court of Missouri · 1925
- State v. WebbSupreme Court of Missouri · 1968
8 more not listed; retrieve them via the Exa API.