State v. Stowe
Supreme Court of Missouri
Appeal from Greene ■ Criminal Court. — Hon. J. J. Gideon, Judge. (1) The court erred in admitting the mortgage in evidence; also in admitting the mortgage given by the defendant after trading for the horses. The state offered it to show the intention of defendant. If so, the court erred in not instructing the jury to that effect as it only tended to mislead and prejudice them.
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Appeal from Greene ■ Criminal Court. — Hon. J. J. Gideon, Judge. (1) The court erred in admitting the mortgage in evidence; also in admitting the mortgage given by the defendant after trading for the horses. The state offered it to show the intention of defendant. If so, the court erred in not instructing the jury to that effect as it only tended to mislead and prejudice them. (2) The verdict is clearly against the weight of the evidence, and is the result of passion and prejudice. The instructions were disregarded. Garrett v. Green-well, 92 Mo. 121; Spohn v. Railroad, 87 Mo. 74; Hipsley v.…
1Opinion of the CourtSherwood, J.
The defendant appeals from a judgment against him, having been found guilty of making false pretenses in exchanging horses with one Waugh, and his punishment assessed, at two years in the penitentiary.
Omitting preliminary matters, the indictment is the following:
“That Aretas Stowe, late of the county and state aforesaid, on the--day of September, 1892, at the county of Greene, and state of Missouri, did then and there, unlawfully, feloniously, knowingly, and designedly, with the intent to cheat and defraud one William N. Waugh, did then and there knowingly, feloniously and falsely, pretend,…
2Cases cited12 opinions
- People v. GatesNew York Supreme Court · 1835
- State v. TerrySupreme Court of Missouri · 1891
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Bevans v. BoltonSupreme Court of Missouri · 1862
- Bryson & Hardin v. PenixSupreme Court of Missouri · 1853
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Naftzger v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- State v. KruegerSupreme Court of Missouri · 1896
- United States v. AurandtNew Mexico Supreme Court · 1910
- State v. BrownSupreme Court of Missouri · 1902
- People v. HuntIllinois Supreme Court · 1911
20 more not listed; retrieve them via the Exa API.