Legal Opinion

State v. Spear

Supreme Court of Missouri

Decided September 15, 1840PublishedCited by 12 opinions

Appeal from the Circuit Court of Cape Girardeau county 1. The circuit court erred in excluding proper and competent evidence offered on behalf of the State. 2. The court erred in not permitting the evidence offered by the State to go to the jury as circumstantial evidence to sustain the indictment. 3. The court erred by giving instructions to the jury which the state of facts from the record did not warrant.

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Appeal from the Circuit Court of Cape Girardeau county 1. The circuit court erred in excluding proper and competent evidence offered on behalf of the State. 2. The court erred in not permitting the evidence offered by the State to go to the jury as circumstantial evidence to sustain the indictment. 3. The court erred by giving instructions to the jury which the state of facts from the record did not warrant. As to the statutory provisions on this subject, (see Digest page 312, section 3; 4 Mo. Rep. 487.)

1Opinion of the Court

Opinion of the Court by

Napton, Judge.

The appellee was indicted at the February term of 1839, of the Cape Girardeau circuit court, for selling spiritous liquors to an Indian. The indictment contained two counts; the first of wh'ich charged, j^that defendant sold a half *645pint of whisky to a certain Indian, whose name was unknown to the grand jurors; and the 'second charged that defendant gam the said liquor to an Indian, &c. Upon the indictment the defendant was triedj and acquitted by the verdict of a jury, the State appealed.

In criminal prosecutions, where a conviction would subject the…

2Cited by12 opinions

  1. People v. WebbCalifornia Supreme Court · 1869
  2. Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
  3. State v. SnyderSupreme Court of Missouri · 1889
  4. Commonwealth v. PerrowSupreme Court of Virginia · 1919
  5. State v. CopelandSupreme Court of Missouri · 1877

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