Legal Opinion

State v. Winningham

Supreme Court of Missouri

Decided November 5, 1894PublishedCited by 6 opinions

Appeal from Miller Circuit Court.—Hon. D. W Shackleford, Judge. (1) tfhe indictment is sufficient. Sec. 3795, R. S. 1889. (2) Defendant assigns in his motions for new trial as one of the errors alleged to have been committed, the overruling of his application for a continuance, but bas since evidently abandoned it for he has failed to preserve it in his bill of exceptions, or to save any exceptions to the action of the court in overruling same.

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Appeal from Miller Circuit Court.—Hon. D. W Shackleford, Judge. (1) tfhe indictment is sufficient. Sec. 3795, R. S. 1889. (2) Defendant assigns in his motions for new trial as one of the errors alleged to have been committed, the overruling of his application for a continuance, but bas since evidently abandoned it for he has failed to preserve it in his bill of exceptions, or to save any exceptions to the action of the court in overruling same. State v. Foster, 115 Mo. 451; State v.Flvins, 101 Mo. 243; State v. DeMosse, 98 Mo. 344. He will be taken to have acquiesced in this ruling. Not…

1Opinion of the CourtG-antt, P. J.

At the September term, 1893, of the circuit court of Miller county, the defendant was indicted for incest with his niece M. R. E. Johnson. He was duly arraigned at the March term, 1894, plea of not guilty entered, and was tried and convicted as charged, and sentenced to five years in the penitentiary, and has appealed to this court. Defendant has made no appearance in this court since filing the transcript on the twenty-sixth of June last.

There was abundant evidence of the guilt of the prisoner, but no good purpose could be subserved by spreading the evidence of his degradation at length in…

2Cases cited3 opinions

  1. Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
  2. Kansas City, Clinton & Springfield Railway Co. v. CarlisleSupreme Court of Missouri · 1887
  3. Kidwell v. StateIndiana Supreme Court · 1878

3Cited by6 opinions

  1. People v. StrattonCalifornia Supreme Court · 1904
  2. State v. MyersSupreme Court of Missouri · 1906
  3. People v. BrownCalifornia Court of Appeal · 1968
  4. State v. HicksSupreme Court of Missouri · 1928
  5. State v. GraySupreme Court of Missouri · 1962

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