State v. Walton
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Ralph 8. Lalshaw, Judge. (1) The amendment of the information by inserting after the words ‘ ‘ from the person and against the will of the said B. J. Franklin” the words: “and in the presence of the said B. J. Franklin,” was not such as to cause any surprise to the defendant or to jeopardize his defense.
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Appeal from Jackson Criminal Court. — Hon. Ralph 8. Lalshaw, Judge. (1) The amendment of the information by inserting after the words ‘ ‘ from the person and against the will of the said B. J. Franklin” the words: “and in the presence of the said B. J. Franklin,” was not such as to cause any surprise to the defendant or to jeopardize his defense. The statute, which permits the amendment of the information at any time before the case is finally submitted to the jury, is a complete answer to defendant’s contention that the action of the court in this respect was error. Sec. 4970, R. S. 1909.…
1Opinion of the CourtBrown, J.
Upon a trial in the criminal court of Jackson county defendant was convicted of robbery in the first degree, and appeals from a judgment flying bis punishment at fourteen years in the penitentiary.
On the morning of July 20, 1911, a jewelry store in Kansas City, owned by one B. J. Franklin and his brother, was robbed of diamonds valued at $4100 by two unmasked men. The State contends that defendant is one of the men who robbed the store, while defendant rests his defense upon an alibi.
Evidence covering nine hundred pages was submitted to the jury, and, while in his motion for new trial,…
2Cases cited2 opinions
- State v. RascoSupreme Court of Missouri · 1912
- State v. EmbertonMissouri Court of Appeals · 1891
3Cited by8 opinions
- State v. BrothertonSupreme Court of Missouri · 1954
- State v. ThompsonSupreme Court of Missouri · 1965
- State v. StegnerSupreme Court of Missouri · 1918
- State v. WishomSupreme Court of Missouri · 1967
- State v. HallSupreme Court of Missouri · 1926
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