Legal Opinion

State v. James

Supreme Court of Missouri

Decided February 2, 1909PublishedCited by 7 opinions

Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The court erred in failing to instruct on all of the law in the case in this respect, among others, that though defendants were jointly indicted and jointly tried, yet the court did not instruct the jury that they might find one or both the defendants guilty, or acquit one or both of them as they might find the facts to be.

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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The court erred in failing to instruct on all of the law in the case in this respect, among others, that though defendants were jointly indicted and jointly tried, yet the court did not instruct the jury that they might find one or both the defendants guilty, or acquit one or both of them as they might find the facts to be. At the time the court instructed the jury, exceptions were taken by the defendants because the instructions did not include all the law in the case. The point was again clearly raised in the motion for a…

1Opinion of the CourtFox, J.

The defendants in this cause appeal from a judgment of conviction of robbery in the first degree in the circuit court, of Pemiscot county, Missouri.

On the 14th day of November, . 1907, the prosecuting attorney of Pemiscot county filed in the office of the clei'k of the circuit court of said county an information, duly verified, charging the defendants with the crime of robbery in the first degree. Substantially, this information charged that the defendants, on the 20th day of October, 1907, in said county, feloniously did make an assault upon one Marshall Luther, and by putting the said…

2Cases cited11 opinions

  1. State v. FairlambSupreme Court of Missouri · 1894
  2. State v. PattersonSupreme Court of Missouri · 1885
  3. State v. VaughanSupreme Court of Missouri · 1906
  4. State v. AndersonSupreme Court of Missouri · 1886
  5. State v. JacksonSupreme Court of Missouri · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. StewardMissouri Court of Appeals · 1978
  2. State v. LambertSupreme Court of Missouri · 1927
  3. State v. MitchellSupreme Court of Missouri · 1910
  4. State v. FerrellSupreme Court of Missouri · 1911
  5. State v. ShermanSupreme Court of Missouri · 1915

2 more not listed; retrieve them via the Exa API.

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