State v. Igo
Decision Date | 02 March 1892 |
Citation | 18 S.W. 923,108 Mo. 568 |
Parties | STATE v. IGO. |
Court | Missouri Supreme Court |
Appeal from criminal court, Pettis county; JOHN E. RYLAND, Judge.
Indictment against Vint H. Igo for maliciously shooting a steer. Verdict of guilty, and judgment thereon. New trial denied. Defendant appeals. Reversed.
W. D. Steele and Sangree & Lamm, for appellant. John M. Wood, Atty. Gen., for the State.
The defendant was sentenced by the criminal court of Pettis county to pay a fine of $50 for malicious mischief, and he brings the case here by appeal. Many errors are assigned for the reversal of the sentence, but it will not be necessary to notice but one. The court did not submit to the jury, in its instructions, the issue as to the venue of the offense charged. Defendant was indicted for maliciously shooting a steer belonging to Isaac W. Griffith, in Pettis county, Mo. The evidence of the crime, and the venue of the crime, was wholly circumstantial, and very meager at that. Granting, however, that the evidence was sufficient to warrant a conviction, the court ought to have instructed the jury to acquit unless they found the crime was committed in said county; and having failed to do this, the judgment will be reversed, and the cause remanded for new trial. All concur.
To continue reading
Request your trial- State v. Cobb
- State v. Bagley
-
State v. Stewart
...objection the State's instruction numbered 1. Sec. 4048, R. S. 1929; State v. Conway, 145 S.W. 441; State v. Lackey, 230 Mo. 707; State v. Igo, 108 Mo. 568; State v. Schultz, 295 S.W. 535. (4) The court in giving over defendant's objection the State's instruction numbered 2. State v. Britt,......
-
State v. Bagley
...to define the term "bailee" as used therein in a technical sense. (f) Because the instruction pretermits all inquiry as to venue. State v. Igo, 108 Mo. 568. Roy McKittrick, Attorney General, and Frank W. Hayes, Assistant Attorney General, for (1) The appellant has waived his right to insist......