Legal Opinion

State v. Wyatt

Supreme Court of Missouri

Decided November 5, 1894PublishedCited by 5 opinions

Appeal from Buchanan Criminal Court.—Hon. Silas Woodson, Judge. (1) The evidence of what the. officers did, and the property they found in the clothing of the Miller woman and at her house in the absence of defendants, and when they were in jail was inadmissible and misleading.

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Appeal from Buchanan Criminal Court.—Hon. Silas Woodson, Judge. (1) The evidence of what the. officers did, and the property they found in the clothing of the Miller woman and at her house in the absence of defendants, and when they were in jail was inadmissible and misleading. State v. Wolff, 15 Mo. 168; State v. Castor, 93 Mo. 242; State v. Owsley, 111 Mo. 450; 3 Green-leaf on Evidence, see. 33; Wharton’s Criminal Evidence, sec. 758. (2) The possession must be personal; must be exclusive; must be recent; must be unexplained; and must involve a distinct and conscious assertion of property by…

1Opinion of the CourtGantt, P. J.

At the March term, 1893, of the Buchanan criminal court, the defendants were jointly *539charged in an indictment containing two counts: First, with having with force and arms robbed one James McGovern of the sum of $12; second, with having robbed James McGovern by putting him in fear of immediate injury to his person, which indictment was duly returned, signed, attested and filed, and upon which were indorsed the names of the witnesses for the state. After arraignment the defendants asked for and were granted a severance, which was afterwards, by agreement, set aside-, and the defendants jointly…

2Cases cited1 opinion

  1. State v. RyanSupreme Court of Missouri · 1894

3Cited by5 opinions

  1. Maxwell Land Grant Co. v. JonesNew Mexico Supreme Court · 1923
  2. State v. KingWashington Supreme Court · 1912
  3. Reynolds v. SchadeMissouri Court of Appeals · 1908
  4. Sanger Bros. v. TrammellCourt of Appeals of Texas · 1917
  5. Cleveland Co-Operative Stove Co. v. BaldwinMissouri Court of Appeals · 1907

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