Legal Opinion

State v. Davidson

Missouri Court of Appeals

Decided June 2, 1913PublishedCited by 5 opinions

Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) The demurrer offered at the close of all the evidence should have been sustained. There was no evidence that the defendant was guilty of the crime charged."

Read the full summary

Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) The demurrer offered at the close of all the evidence should have been sustained. There was no evidence that the defendant was guilty of the crime charged." It was the duty of the'court to determine as a matter of law that the evidence did not sustain the charge in the indictment. 12 Cyc. 177; 1 Wharton on Criminal Law (8 Ed.), secs. 174-6; 1 Bouviers Law Dictionary (15 Ed.), 205; 1 Centary Dictionary, 371; State v. Young, 140 S. W. 873. (2) Should the court consider that there was sufficient evidence to go to the jury, then we…

1Opinion of the CourtTrimble, J.

This case is a prosecution under section 4352, Revised Statutes 1909, for attempting, by bribery, to induce a witness to absent himself for the purpose of avoiding giving evidence in certain prosecutions for violating the Local Option Law then pending in the circuit court of Boone county against Points & Tyson, a firm of druggists.

The grand jury had returned fifty indictments against said firm. The defendant was a doctor who, for two years, had practiced in Columbia and prior to that had practiced in various other Missouri towns before locating in Columbia. Defendant had written prescriptions…

2Cases cited7 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. United States v. HartwellSupreme Court of the United States · 1868
  3. State v. SattleySupreme Court of Missouri · 1895
  4. State v. WilliamsSupreme Court of Missouri · 1896
  5. State v. WoodwardSupreme Court of Missouri · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. ThomasSupreme Court of Missouri · 1944
  2. Davis v. MooreMissouri Court of Appeals · 1977
  3. State v. BroylesSupreme Court of Missouri · 1927
  4. State v. HawkinsNew Mexico Supreme Court · 1919
  5. Robbs Ex Rel. Robbs v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API