State v. Elmer
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The indictment in this case is insufficient, and the court will take notice of its insufficiency, although the appellant did not raise point in motion in arrest.
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Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The indictment in this case is insufficient, and the court will take notice of its insufficiency, although the appellant did not raise point in motion in arrest. Price Heirs v. Evans, 26 Mo. 30; Price Heirs v. Evans, 5 Mo. 260; Miner v. Cordell, 37 Mo. 350. (2) The court erred in allowing the prosecuting attorney in his closing argument to the jury to refer to what the defendant might have testified to hut did not. They were unfair and greatly prejudicial to defendant’s case, and the court should have corrected the…
1Opinion of the CourtBurgess, J.
Defendant was convicted at the September term, 1892, of the circuit court of Livingston county under an indictment against him for having received $40 in money knowing at the time that the same had been stolen by one Minnie Lay. His punishment was fixed at two years’ imprisonment in the penitentiary, and, having filed his motion for new trial and also in arrest and the same being overruled, he appeals to this court.
The evidence tends to sustain the allegations in the indictment.
We have, with much care, examined the record in the case and find no reversible error in the admission or exclusion…
2Cases cited8 opinions
- State v. PattersonSupreme Court of Missouri · 1885
- State v. AndersonSupreme Court of Missouri · 1886
- State v. JacksonSupreme Court of Missouri · 1888
- State v. ChamberlainSupreme Court of Missouri · 1886
- State v. PorterSupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. SnyderSupreme Court of Missouri · 1904
- State v. FairlambSupreme Court of Missouri · 1894
- State v. MilesSupreme Court of Missouri · 1906
- Myrick v. United StatesCourt of Appeals for the First Circuit · 1915
- State v. JamesSupreme Court of Missouri · 1909
1 more not listed; retrieve them via the Exa API.