State v. Alexander
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Now. A. D. Burnes, Special Judge. (1) The court erred in refusing to sustain defendant’s demurrer to the evidence offered at the close of all testimony. The whole of the witness Marshall’s testimony is uncertain, unreliable, and too unstablé and unsafe to base a conviction upon.
Read the full summary
Appeal from Nodaway Circuit Court. — Now. A. D. Burnes, Special Judge. (1) The court erred in refusing to sustain defendant’s demurrer to the evidence offered at the close of all testimony. The whole of the witness Marshall’s testimony is uncertain, unreliable, and too unstablé and unsafe to base a conviction upon. He is so evasive, so prone to avoid a direct answer in his cross-examination, as to show that the whole of his testimony is hut from the diseased and feeble memory of one who was maudlin drunk with whiskey, and so utterly irreconcilable and inconsistent as to mark it from the…
1Opinion of the CourtFox, J.
This appeal is from a conviction of robbery in the first degree. “The defendant, "William Alexander, was convicted at the November term, 1903, of the Nodaway circuit court upon an information preferred by the prosecuting attorney of Nodaway county charging him with robbery in the first degree, under section 1893 of the Revised Statutes of 1899, the offense charged being that he, together with one Barnard, by violence, etc., took from the person of one Lafayette Marshall a pocketbook containing money, the property of said Marshall, and his punishment being assessed at imprisonment in the…
2Cases cited2 opinions
- State v. YoungSupreme Court of Missouri · 1894
- State v. BanksSupreme Court of Missouri · 1893
3Cited by4 opinions
- State v. WrightSupreme Court of Missouri · 1935
- State v. SydnorSupreme Court of Missouri · 1913
- Daveros v. StateIndiana Supreme Court · 1933
- City of Poplar Bluff v. ReynoldsMissouri Court of Appeals · 1910