State v. Thurman
Missouri Court of Appeals
Appeal from Ripley Circuit Court. — Eon. J. G. Sheppard, Judge. It is urgently insisted by counsel for appellant that this cause should be reversed for the following reasons: First.
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Appeal from Ripley Circuit Court. — Eon. J. G. Sheppard, Judge. It is urgently insisted by counsel for appellant that this cause should be reversed for the following reasons: First. Because the newly-discovered evidence, as shown by the affidavits of W. J. Dodd, Omer McKee, W. P. Odom and J. D. Thurman, the appellant herein, filed with a motion for a new trial, were not merely cumulative or for the purposes of impeachment, but were directly touching the merits of the case, and if such evidence had been introduced in the course of the trial it would very likely have tended to have resulted in…
1Opinion of the CourtNortoni, J.
On a trial before tbe jury in tbe circuit court, tbe defendant was convicted of selling intoxicating liquor in less quantity than three gallons without a license as a dramshop keeper. There is substantial evidence to support the verdict. The prosecuting witness gave testimony tending to show that in the month of March or April, 1905, he visited the defendant’s establishment in the city of Doniphan and expressed a desire to purchase a gallon of whiskey; that the defendant told him he could not sell him the whiskey but maybe he could fix it so that he could get it; that witness went out,…
Also in this document: Concurrence.
2Cases cited11 opinions
- State v. BaileySupreme Court of Missouri · 1887
- State v. SperitusSupreme Court of Missouri · 1905
- State v. MurraySupreme Court of Missouri · 1886
- State v. LambSupreme Court of Missouri · 1897
- State v. McKenzieSupreme Court of Missouri · 1903
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3Cited by4 opinions
- Torreyson v. United Railways Co.Supreme Court of Missouri · 1912
- Torreyson v. United Railways Co.Missouri Court of Appeals · 1912
- People v. BonifacioAppellate Division of the Supreme Court of the State of New York · 1907
- State v. ReedMissouri Court of Appeals · 1907