State v. Shroyer
Supreme Court of Missouri
Appeal from, Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court should have given the instruction asked at close of evidence for the state, as there was no evidence of any assault, or attempted force, or of an intent to commit a rape, and the verdict is entirely unsupported by the evidence. State v. Burgdorff, 53 Mo. 65; State v. Mansfield, 41 Mo. 470; State v. Marshall, 47 Mo. 378; State v. PerMns, 11 Mo.
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Appeal from, Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court should have given the instruction asked at close of evidence for the state, as there was no evidence of any assault, or attempted force, or of an intent to commit a rape, and the verdict is entirely unsupported by the evidence. State v. Burgdorff, 53 Mo. 65; State v. Mansfield, 41 Mo. 470; State v. Marshall, 47 Mo. 378; State v. PerMns, 11 Mo. App. 82 ; State v. Priestly, 74 Mo. 24; Burney v. State, 21 Texas App. 565, and cases cited; Milton v. State, 4 S. W. Rep. (Texas) 574; Turner v. State, 5 S. W. Rep. (Texas)…
1Opinion of the CourtMaofarlane, J.
— Defendant was indicted, tried and convicted of an assault with intent to commit a rax>e upon Arminta Murphy.
*445The circumstances of the assault, as gathered from the evidence, were in substance as follows : The house of Patrick Murphy consisted of two rooms, the one on the south fronting the road, and the other north of it. At the time of the assault Patrick Murphy was absent from home. His children, Catherine, the eldest, Arminta, about fourteen years of age, and two sisters and a brother, all younger than Arminta, were at home. On the night of August 23, 1876, these children all slept in the…
2Cases cited9 opinions
- State v. SmithSupreme Court of Missouri · 1883
- State v. GrantSupreme Court of Missouri · 1882
- State v. RiderSupreme Court of Missouri · 1888
- State v. MontgomerySupreme Court of Missouri · 1876
- State v. ShieldsSupreme Court of Missouri · 1850
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State v. SelleSupreme Court of Missouri · 1963
- State v. WilliamsSupreme Court of Missouri · 1935
- State v. BecknerSupreme Court of Missouri · 1906
- Phelps v. BrossMissouri Court of Appeals · 2002
- Inklebarger v. StateCourt of Criminal Appeals of Oklahoma · 1912
23 more not listed; retrieve them via the Exa API.