State v. Buck
Supreme Court of Missouri
Appeal from OmrJc Circuit Court. — Hon. W. N. Evans, Judge. (1) The evidence does not support the allegations of the petition. (2) It was the duty of the trial judge to fully instruct upon what it took to constitute perjury and to have determined as to whether the facts alleged in the indicttnent as to the assignment of perjury were material or not. It was the province of the court and not the jury to determine the materiality of the facts alleged to' have been «sworn to.
Read the full summary
Appeal from OmrJc Circuit Court. — Hon. W. N. Evans, Judge. (1) The evidence does not support the allegations of the petition. (2) It was the duty of the trial judge to fully instruct upon what it took to constitute perjury and to have determined as to whether the facts alleged in the indicttnent as to the assignment of perjury were material or not. It was the province of the court and not the jury to determine the materiality of the facts alleged to' have been «sworn to. State v. Williams, 30 Mo. 364. (3) The court erred in refusing the instructions asked by defendant. Wharton, Crim. Law,…
1Opinion of the CourtShebwood, J.
Convicted of perjury, and his punishment assessed at two years in the penitentiary, defendant- appeals to this court. The indictment follows approved forms, and is sufficient.
The evidence, however, though referred to in the bill of exceptions as contained in index sheets marked A and B herewith filed and attached and made a part of this bill of exceptions, constitutes no part of the bill.
Section 2304, Revised Statutes, 1889, provides that: “But it shall not be necessary, for the review of .the *482action of any lower court on appeal or writ of error, that the motion for a new trial, in arrest of…
2Cited by6 opinions
- O'Malley v. Continental Life InsuranceSupreme Court of Missouri · 1938
- Forbs v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1904
- Ellis v. School District 3Missouri Court of Appeals · 1901
- Landgraf v. Saunders Press Brick Co.Missouri Court of Appeals · 1899
- Lloyd v. ThurmanMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.