State v. O'Connor
Supreme Court of Missouri
Appeal from, Jackson Criminal Court. — Hon. H. P. White, Judge. (1) The case ought to have been continued. (2) The court erred in the matter of the testimony of the witness Franke, in ordering him from the witness-stand before the state had finished its examination, and before the defendant had an opportunity to examine him. (8) No instruction applicable to the evidence of the defendant was given.
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Appeal from, Jackson Criminal Court. — Hon. H. P. White, Judge. (1) The case ought to have been continued. (2) The court erred in the matter of the testimony of the witness Franke, in ordering him from the witness-stand before the state had finished its examination, and before the defendant had an opportunity to examine him. (8) No instruction applicable to the evidence of the defendant was given. State v. Anderson, 86 Mo. 309 ; Stale v. Banks, 73 Mo. 592; State v. Tate, 12 Mo. App. 327. (4) Instruction 3 is inconsistent with instruction 7. Lambert v. Co., 12 Mo. App. 575. (5) What was said…
1Opinion of the CourtThomas, J.
The defendant was charged by indictment in the criminal court of Jackson connty with robbery of the first degree, in taking a watch from William Pranke, by force and against his will. He was tried, convicted and sentenced to the penitentiary for ten years.
The parties proceeded to trial and William Franke was called as a witness by Mr. Woodson, the prosecuting attorney, and was examined at considerable length. He testified that he did not know who took his watch ; he had lost it on the night of the alleged robbery, but who got it, he did not know. The prosecuting attorney then proceeded to…
2Cited by11 opinions
- Traxler v. StateCourt of Criminal Appeals of Oklahoma · 1952
- State v. BresseSupreme Court of Missouri · 1930
- State v. RossSupreme Court of Missouri · 1963
- State v. CraytonSupreme Court of Missouri · 1962
- State v. SmithSupreme Court of Missouri · 1894
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