Legal Opinion

State v. Maupin

Supreme Court of Missouri

Decided May 22, 1906PublishedCited by 19 opinions

Appeal from Taney Circuit Court.— Hon. Jno. T. Moore, Judge. (1) The copy of the information as served upon defendant was not certified to by the clerk of the conrt, and for that reason gave no notice to him of the charge against him. E. S. 1899, sec. 2558; State v. Schmidt, 137 Mo. 266. (2) The verdict is against the evidence.

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Appeal from Taney Circuit Court.— Hon. Jno. T. Moore, Judge. (1) The copy of the information as served upon defendant was not certified to by the clerk of the conrt, and for that reason gave no notice to him of the charge against him. E. S. 1899, sec. 2558; State v. Schmidt, 137 Mo. 266. (2) The verdict is against the evidence. (3) The conrt erred in allowing important witnesses for defendant to leave and he sent away during the session of the conrt, and in refnsing to allow defendant time in which to secnre their testimony. (4) The failure of the conrt to give an instruction for manslaughter…

1Opinion of the CourtGantt, J.

At the April term, 1905, of the circuit court of Taney county, the prosecuting attorney of that county filed an information, duly verified, charging the defendant with murder in the first degree of one Charles Knight, on the 7th of February, 1905, at said county. At the June term, 1905, the defendant was tried and convicted of murder in the second degree, and his punishment assessed at twelve years in the penitentiary. In due time he filed his motions for new trial and in arrest of judgment, which being overruled, he was sentenced in accordance with the verdict, and from that sentence he…

2Cases cited9 opinions

  1. Coffin v. United StatesSupreme Court of the United States · 1895
  2. State v. UnderwoodSupreme Court of Missouri · 1874
  3. State v. NuesleinSupreme Court of Missouri · 1857
  4. State v. YoungSupreme Court of Missouri · 1891
  5. State v. HarperSupreme Court of Missouri · 1899

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Culpepper v. StateCourt of Criminal Appeals of Oklahoma · 1910
  2. Berry v. StateCourt of Criminal Appeals of Oklahoma · 1910
  3. State v. PfeiferSupreme Court of Missouri · 1916
  4. State v. PopeSupreme Court of Missouri · 1936
  5. State v. CavenerSupreme Court of Missouri · 1947

14 more not listed; retrieve them via the Exa API.

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