Legal Opinion

State v. Torphy

Missouri Court of Appeals

Decided January 16, 1899PublishedCited by 3 opinions

Appeal from the Jasper Circuit Court. — Hon. E. C. Crow, Judge. Under the agreed statement of facts the defendant was not guilty of any crime and should not have been convicted. State v. Reilly, 4 Mo. App. 392; McClain on Criminal Law, sec. 117; Bishop’s New Criminal Law, sec. 345; Price v. People, 109 111. 109; Campbell v. Commonwealth, 84 Pa.

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Appeal from the Jasper Circuit Court. — Hon. E. C. Crow, Judge. Under the agreed statement of facts the defendant was not guilty of any crime and should not have been convicted. State v. Reilly, 4 Mo. App. 392; McClain on Criminal Law, sec. 117; Bishop’s New Criminal Law, sec. 345; Price v. People, 109 111. 109; Campbell v. Commonwealth, 84 Pa. St. 187; Commonwealth v. Baker, 155 Mass. 287; Commonwealth v. Downing, 4 Gray, 29; Commonwealth v. Graves, 97 Mass. 114; People v. Noelke, .94 N. Y. 137; Commonwealth v. Hollister, 157 Pa. St. 13.

1Opinion of the CourtGill, J.

Defendant has appealed from a judgment! of the lower court adjudging him guilty of the statutory crime of gambling. the case was submitted to the trial judge on an agreed statement of facts, the substance of which was, that while defendant was a member of the city council of Carthage and as such one of the committee on police, be undertook, under the instruction and direction of the mayor, .to ferret out and secure evidence against certain parties suspected of violating the law relating to gambling. With this in view, and for this purpose only, the defendant visited the suspected room in…

2Cases cited4 opinions

  1. People v. Noelke & MarksNew York Court of Appeals · 1883
  2. State v. McKeanSupreme Court of Iowa · 1873
  3. People v. FarrellCalifornia Supreme Court · 1866
  4. Price v. PeopleIllinois Supreme Court · 1884

3Cited by3 opinions

  1. Brantley v. StateMississippi Supreme Court · 1914
  2. State v. GallitonMissouri Court of Appeals · 1913
  3. Licciardi v. StateOhio Court of Appeals · 1924

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