State v. Mosby
Missouri Court of Appeals
Appeal from the LaFayette Circuit Court. — Hon. John E. Ryland, Judge. (1) The court erred in not confining the evidence as to acts of gambling to the time and within the dates specifically alleged in the indictment. 1 Bishop on Criminal Procedure [3 Ed.] secs. 401-7, 485, 486, 487, 488, 488a, 488b, and cases cited from these sections; State v. Owen, 73 Mo. 440; State v. Smith, 31 Mo. 120; 1 Q-reenleaf on Evidence [Redfield’s Ed.] sec. 63, and note 2, also sec. 65; Wharton’s…
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Appeal from the LaFayette Circuit Court. — Hon. John E. Ryland, Judge. (1) The court erred in not confining the evidence as to acts of gambling to the time and within the dates specifically alleged in the indictment. 1 Bishop on Criminal Procedure [3 Ed.] secs. 401-7, 485, 486, 487, 488, 488a, 488b, and cases cited from these sections; State v. Owen, 73 Mo. 440; State v. Smith, 31 Mo. 120; 1 Q-reenleaf on Evidence [Redfield’s Ed.] sec. 63, and note 2, also sec. 65; Wharton’s Criminal Evidence [8 Ed.] sec. 146, and note 6. (2) The court committed error in admitting evidence as to the general,…
1Opinion of the CourtEllison, J.
— Defendant was indicted and convicted, under section 3811, Revised Statutes, 1889, for setting up and keeping a common gaming house. Since the jury has found him guilty, we are justified in assuming that portion of the testimony tending to show him guilty as the facts of the case. From this evidence it appears that he rented a room in the second story of a building which he used as a bed room. That he had in it a double bed, a washstand, some chairs and a round table with a center square support, in which was a box six or eight inches square with a door in the box just below the top of the…
2Cases cited6 opinions
- State v. BrunellWisconsin Supreme Court · 1872
- Smith v. StateSupreme Court of Alabama · 1875
- State v. HandSupreme Court of Iowa · 1858
- Pacetti v. StateSupreme Court of Georgia · 1888
- Commonwealth v. HopkinsCourt of Appeals of Kentucky · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ehrlick v. CommonwealthCourt of Appeals of Kentucky · 1907
- State v. HoyleSupreme Court of Minnesota · 1906
- State v. BrownSupreme Court of Kansas · 1925
- State v. HesselmeyerSupreme Court of Missouri · 1938
- Toll v. StateSupreme Court of Florida · 1898
5 more not listed; retrieve them via the Exa API.