State v. Prendible
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The State’s attorney was guilty of such misconduct in his remarks to defendant’s witnesses on cross-examination and in his willful and malicious characterization of defendant as should warrant this court in reversing this ease on that ground alone.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The State’s attorney was guilty of such misconduct in his remarks to defendant’s witnesses on cross-examination and in his willful and malicious characterization of defendant as should warrant this court in reversing this ease on that ground alone. State v. Ulrich, 110 Mo. 350; State v. Young, 99 Mo. 666; State v. Fischer, 124 Mo. 460. (2) The verdict of the jury is against the evidence and can be explained on no other ground than that it was the result of passion and prejudice. State v. Rockwood, 26 Mo. 340; State…
1Opinion of the CourtSherwood, P. J.
This prosecution was instituted against defendant, John Barry being the prosecuting witness, and the indictment charging that:
“Michael Prendible, on the twenty-seventh day of November in the year of our Lord, one thousand eight hundred and ninety-nine, at the city of St. Louis, aforesaid, with force and arms, in and upon one John Barry, feloniously, willfully, on purpose and of his malice aforethought did make an assault; and the said Michael Prendible, with a certain weapon, to-wit, a pistol loaded with gunpowder and leaden balls, then and there feloniously, willfully, on purpose and of his…
2Cases cited14 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. DonnellySupreme Court of Missouri · 1895
- State v. MansfieldSupreme Court of Missouri · 1867
- State v. BurgdorfSupreme Court of Missouri · 1873
- State v. CastorSupreme Court of Missouri · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. GregorySupreme Court of Missouri · 1936
- State v. RichettiSupreme Court of Missouri · 1938
- State v. BlitzMissouri Court of Appeals · 1903
- Winfield v. StateCourt of Criminal Appeals of Oklahoma · 1920
- State v. ParkerMissouri Court of Appeals · 1964
16 more not listed; retrieve them via the Exa API.