State v. Mills
| Decision Date | 31 October 1885 |
| Parties | THE STATE v. MILLS, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Jasper Circuit Court.--HON. M. G. MCGREGOR, Judge.
AFFIRMED.
J. C. Trigg and E. H. Wyatt for appellant.
B. G. Boone, Attorney General, for the state.
Defendant Mills was, with three others, jointly indicted in the Jasper county circuit court, at the September term, 1884, for an attempt to commit burglary. He was separately tried at the same term, and was convicted and sentenced to two years imprisonment in the penitentiary.
The indictment is based on section 1645, Revised Statutes, and complies in all essential particulars with the requirements of said section, and sufficiently sets forth the offence therein designated. Defendant was introduced as a witness in his own behalf, and on his cross-examination by the state he was asked one question touching a matter not strictly embraced in his examination in chief. No objection was made at the time to the question, nor was any exception saved. While we have held, State v. McGraw, 74 Mo. 573, and State v. McLaughlin, 76 Mo. 320, that it was not permissible to allow a defendant in a criminal case to be cross-examined as to matters not testified to by him in his examination in chief, we have also held, State v. McDonald, 85 Mo. 539, that in regard to new matters, the same rule applies in both civil and criminal cases. No objection having been made at the time to the question, nor exception saved, it cannot now be considered. The instructions given by the court are unexceptionable, and the evidence tends strongly to support the verdict of the jury, and there is nothing in the record which we have examined to justify an interference with the judgment, and it is hereby affirmed.
All concur.
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The State v. Smith
... ... when State v. Craft, 72 Mo. 456, was decided, in ... which it was held that a conviction upon an indictment for an ... attempt to commit larceny, could not be sustained by evidence ... showing an attempt to commit robbery. In State v ... Mills, 88 Mo. 417, the indictment charged an attempt to ... commit a burglary, averring an attempt to do all the acts ... necessary to constitute burglary had the attempt succeeded ... In State v. Frank , 103 Mo. 120, 15 S.W. 330, it was ... held that an attempt to commit a crime was included in the ... ...
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State v. Beaucleigh
...the questions asked him upon cross-examination, to which objections were made and exceptions saved, and which we can only consider (State v. Mills, 88 Mo. 417), find there was no departure from the law requiring such cross-examination to be confined to matters referred to by the defendant i......
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State v. Howell
... ... attempted to be obtained. State v. Fraker, 148 Mo ... 164; State v. Woodard, 156 Mo. 146; State v ... Smith, 119 Mo. 445; Kelley's Crim. Law & Practice, ... p. 1010; Bishop's New Criminal Law, sec. 728; State ... v. Craft, 72 Mo. 456; State v. Mills, 88 Mo ... 417. The indictment must set out the offense according to the ... requirements of the statute, by stating the offense ... attempted, the act done, and that it failed or was prevented ... or intercepted. Kelley's Crim. Law & Practice, sec. 1092, ... p. 763; State v. Montgomery, ... ...
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State v. Smith
...upon an indictment for an attempt to commit larceny could not be sustained by evidence showing an attempt to commit robbery. In State v. Mills, 88 Mo. 417, the indictment charged an attempt to commit a burglary; averring an attempt to do all the acts necessary to constitute burglary, had th......