State v. Stuart
Missouri Court of Appeals
Appeal from St. Lonis County Circuit Court. — Son. John W. McElhinney, Judge. (1) The verdict and judgment convicting appellant Volimer of common assault and battery in the manner charged in the indictment is not supported by any evidence whatever sufficient to warrant a conviction of crime, and as to this appellant at least the judgment ought to be reversed, because there is no evidence sufficient to sustain it.
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Appeal from St. Lonis County Circuit Court. — Son. John W. McElhinney, Judge. (1) The verdict and judgment convicting appellant Volimer of common assault and battery in the manner charged in the indictment is not supported by any evidence whatever sufficient to warrant a conviction of crime, and as to this appellant at least the judgment ought to be reversed, because there is no evidence sufficient to sustain it. State v. King, 174 Mo. 647. (2) Where the verdict of a jury in a criminal case evidently results, not from calmly weighing the evidence; but from prejudice or ill will against the…
1Opinion of the Court
BLAND1, P. J.
The grand jury of St. Louis county preferred an indictment against the defendants, charging that at said county, on September 1, 1903, defendants made a felonious assault on William A. Trent, with a deadly weapon, with the felonious intent to kill him, said Trent. Defendants entered a plea of not guilty and were put upon trial, which resulted in a verdict finding them guilty of common assault. Judgment and sentence followed the verdict, from which, after an unsuccessful motion for new trial, defendants appealed.
Trent, it appears, had left the county and was not present at the…
2Cases cited12 opinions
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- State v. PollardSupreme Court of Missouri · 1903
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1902
- State v. WarnerSupreme Court of Missouri · 1881
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3Cited by1 opinion
- Missouri v. JumpMissouri Court of Appeals · 1914