State v. Nardini
| Citation | 186 S.W. 557 |
| Decision Date | 22 May 1916 |
| Docket Number | No. 11923.,11923. |
| Parties | STATE v. NARDINI. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Adair County; C. D. Stewart, Judge.
"Not to be officially published."
James Nardini was convicted of violating the local option law, and he appeals. Judgment reversed, and cause remanded.
Weatherby & Frank and Campbell & Ellison, all of Kirksville, for appellant. Mills & Mills and Higbee & Mills, all of Kirksville, for the State.
Defendant was indicted, tried, and convicted for selling intoxicating liquors in violation of the local option law, alleged to be in force in Adair county.
A motion to affirm the judgment for delay in filing in this court the transcript of appeal is not well taken. The appeal was granted in July, 1915, and the transcript was filed in December following. In 1913 the Legislature amended the law as to appeals from conviction in misdemeanor cases, so as to give the appellant six months in which to perfect his appeal. Laws 1913, p. 226.
One of defendant's points of error charged against the trial of this cause relates to improper and prejudicial remarks made by the prosecuting attorney in his argument to the jury. That attorney has filed an application here that this court appoint a commissioner to hear evidence as to the truth of matters contained in the bill of exceptions and to report to this court. To sustain such motion would introduce a novel and dangerous method to overthrow a bill of exceptions, regular on its face and duly certified to this court. We will add that a motion was made by the state in the circuit court affecting the integrity of the bill of exceptions, and the motion was heard. The court found that it was groundless, that the bill of exceptions was correct, and denied the motion.
It appears that there was filed in defendant's behalf a motion to quash the indictment, and that some of the jurors, hearing this, had expressed opinions in criticism of it, and stated that defendant was filing motions to "kill time." The challenge for cause as to such jurors should have been sustained. Such view of a juryman could mean nothing less than the defendant was afraid of a trial, and fear of a trial usually means guilt.
The chief witness for the state was employed for pay to get evidence of defendant's violating the law. It seems that he made memoranda of what transpired when he witnessed and took part in the sales made by defendant. Several months afterwards, when the case...
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State v. Williams
...appeals was ever construed prior to its repeal or since its re-enactment, except by the Kansas City Court of Appeals in State v. Nardini, 186 S. W. 557. Section 5313, R. S. 1909, affecting appeals in felony cases, is as "If any person taking an appeal the Supreme Court, on a conviction for ......
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State v. Crayton, 48744
...memory of a State's witness 'while he is testifying'; the refusal there was held error, but harmless. And see, generally, State v. Nardini, Mo.App., 186 S.W. 557; State v. Jackson, Mo.App., 194 S.W. 1078; Bova v. St. Louis Public Service Co., Mo.App., 316 S.W.2d 140. The purport of the Miss......
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State v. Miller
... ... The court refused the request ... Defendant claims the right to the production and examination of the handwritten notes on the basis of Traber v. Hicks, 131 Mo. 180, 32 S.W. 1145; State v. Patton, 255 Mo. 245, 164 S.W. 223; State v ... Nardini, Mo.App., 186 S.W. 557; and State v. Tracy, 294 Mo. 372, 243 S.W. 173. Three of these cases, along with others of the same tenor, were recently distinguished in State v. Crayton, Mo.Sup., 354 S.W.2d 834, in which the view was expressed that defense counsel should be permitted to examine a paper or ... ...
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State v. Carr
...205 Mo. App. 31, 216 S. W. 981; State v. Ross (Mo. App.) 200 S. W. 730; State v. Chilton, 199 Mo. App. 220, 200 S. W. 745; State v. Nardini (Mo. App.) 186 S. W. 557; State v. Williams & Adams, 202 Mo. App. 536, 208 S. W. 283 ; State v. Hall (Mo. App.) 250 S. W. The Williams Case, supra, aft......