State v. Carpenter
| Decision Date | 25 March 1943 |
| Docket Number | No. 38377.,38377. |
| Citation | 169 S.W.2d 403 |
| Parties | STATE v. CARPENTER. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court, Division No. 9; Charles B. Williams, Judge.
Calvin Carpenter was convicted of assault with intent to kill with malice aforethought after a prior conviction, and he appeals.
Judgment affirmed.
Roy McKittrick, Atty. Gen., and Russell C. Stone, Asst. Atty. Gen., for respondent.
By an information filed in the circuit court of the City of St. Louis, the appellant was charged with the crime of assault with intent to kill one Ray Hopkins by cutting him with a knife. The information charged him under the so called Habitual Criminal Statute, Section 4854, R.S.Mo. 1939, Mo.R.S.A. § 4854, reciting that he had been previously convicted of carrying a concealed weapon. The jury found the appellant guilty of assault with intent to kill with malice aforethought and one prior conviction, and assessed his punishment in the penitentiary for life. The court sentenced the appellant in accordance with the verdict, and he has duly appealed.
In his motion for a new trial, appellant complains generally of errors committed by the trial court by (1) admitting incompetent evidence, (2) by giving and reading to the jury every instruction, (3 and 4) by giving instructions 1, 2, 3, 4, 5, 6, 7, 8, and 9 for the reason that they did not correctly declare the law, (6 and 7) by permitting certain witnesses to testify over his objections, (8) because the verdict is against the evidence, (9) because the verdict is against the credible evidence, (10) because the verdict is against the law under the evidence, (11) because the verdict is excessive, and (12) because the verdict is grossly excessive.
We have repeatedly held such general assignment of error in a motion for a new trial does not comply with Section 4125, R.S.Mo.1939, Mo.R.S.A. § 4125, and preserves nothing for appellate review. State v. West, 349 Mo. 221, 161 S.W.2d 966.
However, appellant's fifth assignment of error in his motion states the court erred in not sustaining his demurrer at the close of all the evidence in the case. This necessitates our review of the evidence.
The testimony offered on behalf of the State tends to show: On September 13, 1941, Ray Hopkins, Harold Haroldson, and Eddie Homeyer were eating sandwiches and drinking beer at the rear of the Star Liquor Store located in the City of St. Louis. William Martin was also seated on the rear steps of this store with the above three persons. Back of...
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State v. Brinkley
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State v. Carpenter
...RSMo 1959, as amended) and assessed his punishment at imprisonment for life. We affirmed this judgment of conviction in State v. Carpenter, Mo., 169 S.W.2d 403 (1943). Subsequently, we set aside our judgment of affirmance upon motion of the defendant for the reason that on the first appeal,......
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In re Orth's Estate
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