Legal Opinion

State v. McGinniss

Supreme Court of Missouri

Decided October 15, 1881PublishedCited by 9 opinions

Appeal from Clay Circuit Court. — Hon. Geo. W. Dunn, Judge. Indictment for burglariously entering tbe house oí Hugh Scudder, in Clay county, with intent to kill Scudder.

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Appeal from Clay Circuit Court. — Hon. Geo. W. Dunn, Judge. Indictment for burglariously entering tbe house oí Hugh Scudder, in Clay county, with intent to kill Scudder. The evidence given at the trial tended to show that defendant’s wife was the sister of Scudder, and in the event of Scudder’s death would have inherited half his property; that defendant proposed to one Brockman that they should kill Scudder so that defendant’s wife might get the property ; that Brockman reported the matter to the sheriff of Clay county, who advised him to seem to accede to the proposal, and to go with…

1Opinion of the CourtSherwood, C. J.

We must reverse the judgment rendered herein, because it was not established at the trial, or what amounts to the same thing, the bill of exceptions does not show, that the crime of which the defendant was convicted, was committed within the limits of Clay county. Gordon v. State, 4 Mo. 375; State v. Meyer, 64 Mo. 190; State v. Miller, 71 Mo. 89; State v. Hughes, 71 Mo. 633. There are but two cases in our reports where a conviction has been upheld by this court, (State v. Burns, 48 Mo. 438; State v. West, 69 Mo. 401,) without direct proof that the offense charged was committed in the county…

2Cases cited17 opinions

  1. Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
  2. State v. WestSupreme Court of Missouri · 1879
  3. Beavers v. StateIndiana Supreme Court · 1877
  4. People v. ManningCalifornia Supreme Court · 1874
  5. State v. BurnsSupreme Court of Missouri · 1871

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

3Cited by9 opinions

  1. State v. BabbSupreme Court of Missouri · 1882
  2. State v. ShourSupreme Court of Missouri · 1906
  3. State v. RuthMissouri Court of Appeals · 1883
  4. State v. DaughertySupreme Court of Missouri · 1891
  5. State v. BurgessSupreme Court of Missouri · 1882

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

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