State v. Wilkins
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. Moses N. Sale, Judge. (1) The evidence against appellant was unworthy of belief and was not sufficient to overcome the presumption of his innocence, consequently the demurrers to the evidence interposed on his behalf should have been sustained.
Read the full summary
Appeal from St. Louis City Circuit Court. — lion. Moses N. Sale, Judge. (1) The evidence against appellant was unworthy of belief and was not sufficient to overcome the presumption of his innocence, consequently the demurrers to the evidence interposed on his behalf should have been sustained. State v. Burgdorf, 53 Mo. 65; State v. Shelly, 166 Mo. 618; State v. Hahn, 189' Mo. 241. (2) The testimony of Mrs. Dahm as to the alleged conversation between herself and defendant was wholly incompetent and should have been excluded upon the objection made to it when introduced and upon the motion to…
1Opinion of the CourtBurgess, J.
The defendant, at the April term, 1907, of the circuit court of the city of St. Louis, was convicted of the crime of sodomy, committed with one Fred Dahm, a boy of the age of ten years, and his punishment assessed at ten years in the penitentiary, under an information filed by the assistant circuit attorney of said city, charging the defendant with the commission of said offense on the first day of May, 1906. After unavailing motions for a new trial and in arrest of judgment, he appealed.
The testimony was, in substance, as follows:
The defendant, for several years, owned and carried on a coal…
2Cases cited7 opinions
- State v. FoleySupreme Court of Missouri · 1898
- State v. DusenberrySupreme Court of Missouri · 1892
- State v. MarcksSupreme Court of Missouri · 1897
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1873
- State v. DiltsSupreme Court of Missouri · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. WilsonSupreme Court of Missouri · 1950
- State v. PruntySupreme Court of Missouri · 1918
- State v. RutledgeSupreme Court of Missouri · 1954
- Gottschalk v. StateCourt of Criminal Appeals of Texas · 1952
- State v. CumminsSupreme Court of Missouri · 1919
3 more not listed; retrieve them via the Exa API.