State v. Huff
| Citation | 161 Mo. 459,61 S.W. 1104 |
| Parties | STATE v. HUFF. |
| Decision Date | 26 March 1901 |
| Court | United States State Supreme Court of Missouri |
Dissenting opinion. For majority opinion, see 61 S. W. 900.
In my opinion the judgment must be reversed, and the cause remanded, because the court erred in the admission and rejection of evidence as pointed out in the opinion. I do not concur in holding there was no evidence upon which to base the verdict. In my opinion it is not the province of this court to determine the weight of evidence when there is a conflict of testimony. It was for the jury, who saw the witnesses and heard them deliver their evidence, to say whether the prosecutrix was impeached to such an extent that her evidence must be wholly discarded. Neither do I agree that the return on a subpœna must state that the officer went to the residence of the witness in his efforts to serve the writ. When he returns that after diligent search he is unable to find the witness in his county, it is sufficient, and the presumption attending all official conduct is that he has done his duty. I do not agree to the criticisms upon court or counsel.
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State v. Spinks, 36208.
... ... (a) The verdict of the jury was the result of bias, passion and prejudice. State v. Huff, 61 S.W. 908, 161 Mo. 487; State v. Wolff, 87 S.W. (2d) 443, 337 Mo. 1007; State v. Prendible, 65 S.W. 566, 165 Mo. 353; State v. Welton, 225 S.W. 968; State v. Liston, 292 S.W. 48, 315 Mo. 1305; State v. Gregory, 96 S.W. (2d) 52, 339 Mo. 133; State v. Bennett, 87 S.W. (2d) 161; State v. Bass, 157 ... ...
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State v. Richetti
...upon which to base a conviction. (c) The verdict of the jury was the result of bias, passion and prejudice. State v. Huff, 161 Mo. 487, 61 S.W. 1104; State v. Prendible, 165 Mo. 353, 65 S.W. 566; State v. Welton, 225 S.W. 968; State v. Liston, 292 S.W. 48, 315 Mo. 1305; State v. Gregory, 96......
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