Legal Opinion

State v. McGee

Supreme Court of Missouri

Decided May 16, 1905PublishedCited by 3 opinions

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Appeal from St. Louis City Circuit Court. — Ho». Daniel O. Taylor, Judge. (1) There need he no citation of. authority for the proposition that every element of a crime must be sustained by substantial proof which convinces beyond a reasonable doubt. This defendant must have had knowledge of his companion’s criminal act, and must have aided therein, or have been present ready to aid therein, before guilt can be imputed to him; and there is not satisfactory evidence that this defendant had such knowledge; indeed, it seems to us to be quite clear that he could not have so known. He could not…

1Opinion of the CourtGantt, J.

This is the second appeal in this canse. The first will be found reported in State v. McGee and McGraw, 181 Mo. 312. The former judgment was reversed because the information was not verified as required by the statutes of this State. After the cause was reversed, the information was duly verified by Mr. Harlow B. Spencer, prosecuting witness, and the defendant was again tried and convicted. From this second conviction he prosecutes this appeal. It may be properly added that, after the reversal, there was a severance, and the defendant was separately tried.

Upon the trial the evidence for the…

Also in this document: Concurrence.

2Cases cited8 opinions

State v. DeWittSupreme Court of Missouri · 1905
State v. DewittSupreme Court of Missouri · 1899
State v. RobbSupreme Court of Missouri · 1886
State v. WilliamsSupreme Court of Missouri · 1899
State v. ElvinsSupreme Court of Missouri · 1890

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3Cited by3 opinions

State v. ConwaySupreme Court of Missouri · 1941
State v. GreenSupreme Court of Missouri · 1969
State v. NewmanSupreme Court of Missouri · 1912