State v. Norman

• Decision Date: 12 February 1901
• Citation: 159 Mo. 531,60 S.W. 1036
• Parties: STATE v. NORMAN et al.
• Court: Missouri Supreme Court

60 S.W. 1036

159 Mo. 531

STATE v. NORMAN et al.

Supreme Court of Missouri, Division No. 2.

February 12, 1901.

CRIMINAL LAW — APPEAL — NEW TRIAL — INSTRUCTIONS.

1. Where, in a motion for a new trial in a criminal case, the assignments of error as to rulings on evidence are general, they will not be considered on appeal.

2. Where no objection was made at the time instructions were read to the jury that the court had failed to instruct on all the law of the case, such objection could not be raised for the first time on motion for a new trial.

3. Where a new trial was asked on the ground of newly-discovered material evidence, but the evidence was not set out in the motion so that the court might pass on its materiality, it will not be considered on appeal.

Appeal from St. Louis circuit court; S. P. Spencer, Judge.

Alice Norman and Mary David were convicted of taking away a female under the age of 18 for the purpose of prostitution, and they appeal. Affirmed.

Bowcock & Fickeissen, for appellants. The Attorney General and Sam B. Jeffries, for the State.

BURGESS, J.

At the February term, 1900, of the circuit court of the city of St. Louis, defendants were convicted, and their punishment fixed at two years' (each) imprisonment in the penitentiary, under an indictment charging them with taking away a female under the age of 18 years for the purpose of prostitution. They appeal. Since the case has been pending in this court, Alice Norman has dismissed her appeal.

The facts are substantially as follows: Susie Wilson had been employed for more than two years at the Planters' Hotel, in the city of St. Louis, first as "dishwasher," and then as a "scrub girl." She was 15 years old at the time of the offense. The evidence is conflicting as to where she and defendants became acquainted, the prosecuting witness testifying that Mrs. David was a guest at the Planters' Hotel for about a week, and that during this time she became acquainted with her; that, according to engagement, they took a walk one evening, and came across defendant Alice Norman at a wine room; that it was agreed that she should go with Mrs. David to her home in "West End," and do light housekeeping for her; that she and Mrs. David went to see Mrs. Wilson, Susie's mother, and that the mother was satisfied with the change from the Planters' Hotel to light housekeeping for Mrs. David. Mrs. David and Mrs. Norman represented themselves to the prosecutrix as sisters, and Mrs. David took the prosecutrix to Union Station, and told her to remain there till Mrs. Norman came, when they would take the train for their West End home. Mrs. Norman went to the station, where she found the girl waiting for her, and secured tickets to Roodhouse Ill., — a small town about 72 miles north of St. Louis. They left St. Louis about dark, and arrived at Roodhouse about 11 o'clock that night. The prosecuting witness said she thought she was going to West End, and on arriving at Roodhouse did not know where she was until some of the defendant Norman's family told her. The evidence on the part of the defendants is to the effect that they met the prosecutrix at the wine room, and arranged for her to go with Mrs. Norman to Roodhouse for the purpose of acting as a common...