State v. Jackson
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The evidence does not warrant the verdict. The proof that a defendant had both a motive and an opportunity to commit a crime is not sufficient of itself to warrant a verdict of guilty. Something more must be proved. 2 Best on Ev. [Morgan's Ed.] secs. 452, 453. The court ought to have directed the jury to find for defendant.
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Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The evidence does not warrant the verdict. The proof that a defendant had both a motive and an opportunity to commit a crime is not sufficient of itself to warrant a verdict of guilty. Something more must be proved. 2 Best on Ev. [Morgan's Ed.] secs. 452, 453. The court ought to have directed the jury to find for defendant. State v. Brosius, 39 Mo. 534 ; State v. Carter, 72 N. C. 99; Miller v. Territory, 19 Pac. Rep. (Wash.) 50; Olivares v. State, 23 Tex. App. 305. (2) Instruction, numbered 2, asked by defendant and…
1Opinion of the CourtSherwood, C. J.
This cause which has been here on two former occasions, 95 Mo. 623, and 99 Mo. 60, *198has been transferred to court in banc, in order that certain constitutional questions, raised by motion for rehearing in division number 2 of this court, where the judgment of the lower court was affirmed, may be heard by a full bench.
The questions thus presented for decision are these : That at the time the alleged crime was committed and at the time the appellant took his appeal the supreme court of this state consisted of five judges who sat together as one body, and to whom, or a majority of whom, a quorum,…
2Cases cited5 opinions
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- State v. RossSupreme Court of Missouri · 1859
- State v. JacksonSupreme Court of Missouri · 1888
- State v. HonigSupreme Court of Missouri · 1883
- State v. JacksonSupreme Court of Missouri · 1889
3Cited by12 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- State Ex Rel. Northwestern Mutual Life Insurance v. BlandSupreme Court of Missouri · 1945
- State v. ThompsonSupreme Court of Missouri · 1897
- Commonwealth v. PhelpsMassachusetts Supreme Judicial Court · 1911
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