Legal Opinion

State v. Nibarger

Supreme Court of Missouri

Decided February 17, 1914PublishedCited by 6 opinions

Appeal from Livingston Circuit Court. — Ron. Arch B. Davis, Judge. At the April term, 19ÍS, of the court, appellant applied for a continuance on account of the absence of material witnesses. The court overruled the application because two of the alleged absent witnesses, Jack Hodges and Floyd Baker, were present in court, and because the testimony of Joe Waltz and Cecelia Campbell, the other alleged absent witnesses, was merely cumulative.

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Appeal from Livingston Circuit Court. — Ron. Arch B. Davis, Judge. At the April term, 19ÍS, of the court, appellant applied for a continuance on account of the absence of material witnesses. The court overruled the application because two of the alleged absent witnesses, Jack Hodges and Floyd Baker, were present in court, and because the testimony of Joe Waltz and Cecelia Campbell, the other alleged absent witnesses, was merely cumulative. Regardless of whether the court erred in overruling the application for a continuance, that point cannot be considered on appeal because the bill of…

1Opinion of the CourtFaris, J.

Defendant having been convicted in the Livingston Circuit Court of defiling one Nora Waltz, a female under the age of eighteen years, as denounced in section 4479, Eevised Statutes 1909, and having had assessed against him as punishment therefor imprisonment in the penitentiary for a term of two. years, has appealed.

The substantive facts, since no very serious attack is made upon the sufficiency of the evidence, are of no particular interest in this case; they add not at all to legal history, and therefore a recital in detail of their sordid and disgusting features would but cater to morbid…

2Cases cited15 opinions

  1. State v. DuestrowSupreme Court of Missouri · 1897
  2. State v. BrownSupreme Court of Missouri · 1891
  3. State v. SibleySupreme Court of Missouri · 1895
  4. State v. CarlisleSupreme Court of Missouri · 1874
  5. State v. McClainSupreme Court of Missouri · 1897

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3Cited by6 opinions

  1. State v. McGuireSupreme Court of Missouri · 1931
  2. State v. CapertonSupreme Court of Missouri · 1918
  3. State v. ComerSupreme Court of Missouri · 1922
  4. State v. HamiltonSupreme Court of Missouri · 1915
  5. State v. KyleSupreme Court of Missouri · 1914

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

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