State v. Wilson
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | Kennish |
| Citation | 132 S.W. 238,230 Mo. 647 |
| Parties | STATE v. WILSON. |
| Decision Date | 29 November 1910 |
v.
WILSON.
1. CRIMINAL LAW (§ 381)—GOOD CHARACTER —WEIGHT OF EVIDENCE.
While in determining the guilt of one charged with assault with intent to kill, the jury should consider testimony as to his character, and give it such weight as they deem proper, yet if, from all the evidence, they are satisfied beyond a reasonable doubt that accused is guilty, his previous good character cannot justify or mitigate the offense, and the jury cannot acquit because they believe him to have been of good repute.
2. JURY (§ 127)—QUALIFICATIONS OF JURORS —OBJECTIONS—TIME OF OBJECTION.
Rev. St. 1909, § 7260, provides that no exception to a juror on account of any legal disability shall be allowed after the jury is sworn, and section 7327 provides that any person who has been convicted of a felony shall not serve as a juror. Held, that an objection to a juror after the jury was sworn, because he had been convicted of a felony, came too late.
3. CRIMINAL LAW (§ 304)—EVIDENCE—JUDICIAL NOTICE — STATUTES — POPULATION OF COUNTIES.
The Supreme Court will take judicial notice that Rev. St. 1909, c. 64, art. 4, entitled "Juries in counties containing cities of one hundred thousand and less than four hundred thousand inhabitants," was in force in Buchanan county at the time of a trial on an information filed January 30, 1909.
Appeal from Criminal Court, Buchanan County; Thos. F. Ryan, Judge.
David Wilson was convicted of assault, and he appeals. Affirmed.
Mytton & Parkinson, for appellant. E. W. Major, Atty. Gen., and Jno. M. Dawson, Asst. Atty. Gen., for the State.
KENNISH, J.
The prosecuting attorney of Buchanan county on the 30th day of January, 1909, filed an information with the clerk of the criminal court of that county charging the defendant, David Wilson, with a felonious assault with intent to kill upon Frederick Bolsom. Upon a trial the defendant was convicted of a common assault, and his punishment assessed at a fine of $100 and imprisonment in the county jail for the term of six months. Motions for new trial and in arrest of judgment were filed, overruled, and judgment pronounced upon the verdict. The defendant then prayed an appeal, which was granted by the court to the Kansas City Court of Appeals. The Kansas City Court of Appeals at the March term, 1910 (126 S. W. 996) ordered the cause certified to this court for the reason that the offense charged was a felony and therefore within the appellate jurisdiction of this court, and the cause is now before us for decision.
In appellant's brief but two alleged errors of the trial court are relied upon for a reversal of the judgment, and we shall set out in this opinion only such parts of the record as are necessary in passing upon the errors thus assigned.
First. Appellant complains of error in instruction No. 7, given by the court of its own motion. This instruction is as follows: "In determining as to the guilt or innocence of the defendant, you should take into account the testimony in relation to his character as...
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State v. Davis, No. 33975.
...The jury was properly qualified to pass on the guilt or innocence of this defendant. Sec. 8747, R.S. 1929; State v. Wilson, 230 Mo. 651, 132 S.W. 238; State v. Barr, 20 S.W. (2d) 600. (5) There is no proof that the verdict as rendered be a quotient punishment and not the result of deliberat......
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Lee v. Baltimore Hotel Co., No. 36091.
...8747, 8751, R.S. 1929; State v. Watson, 104 S.W. (2d) 272; Allen v. C., R.I. & P. Ry. Co., 327 Mo. 526, 37 S.W. (2d) 607; State v. Wilson, 230 Mo. 647, 132 S.W. 238; Massman v. K.C. Pub. Serv. Co., 119 S.W. (2d) 833; State v. Taylor, 40 S.W. (2d) 1079. (3) Failure to comply with legal forma......
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State v. Hermann, No. 44801
...remanded. All concur. On Motion for Rehearing or to Transfer to Court en Banc The State says our decision is contrary to State v. Wilson, 230 Mo. 647, 132 S.W. 238, 239. However, in that case the juror was not asked whether he had been accused or involved in a criminal case as juror Michel ......
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Massman v. Kansas City Public Service Co., No. 34992.
...Allen v. C., R. I. & P. R. Co., 327 Mo. 526, 37 S. W.2d 607; Frank Hart Realty Co. v. Ryan, 288 Mo. 188, 232 S.W. 126; State v. Wilson, 230 Mo. 647, 132 S.W. 238. An exception is made to this rule so that "where it is shown that matters which might establish prejudice or work a disqualifica......
-
State v. Davis, No. 33975.
...The jury was properly qualified to pass on the guilt or innocence of this defendant. Sec. 8747, R.S. 1929; State v. Wilson, 230 Mo. 651, 132 S.W. 238; State v. Barr, 20 S.W. (2d) 600. (5) There is no proof that the verdict as rendered be a quotient punishment and not the result of deliberat......
-
Lee v. Baltimore Hotel Co., No. 36091.
...8747, 8751, R.S. 1929; State v. Watson, 104 S.W. (2d) 272; Allen v. C., R.I. & P. Ry. Co., 327 Mo. 526, 37 S.W. (2d) 607; State v. Wilson, 230 Mo. 647, 132 S.W. 238; Massman v. K.C. Pub. Serv. Co., 119 S.W. (2d) 833; State v. Taylor, 40 S.W. (2d) 1079. (3) Failure to comply with legal forma......
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State v. Hermann, No. 44801
...remanded. All concur. On Motion for Rehearing or to Transfer to Court en Banc The State says our decision is contrary to State v. Wilson, 230 Mo. 647, 132 S.W. 238, 239. However, in that case the juror was not asked whether he had been accused or involved in a criminal case as juror Michel ......
-
Massman v. Kansas City Public Service Co., No. 34992.
...Allen v. C., R. I. & P. R. Co., 327 Mo. 526, 37 S. W.2d 607; Frank Hart Realty Co. v. Ryan, 288 Mo. 188, 232 S.W. 126; State v. Wilson, 230 Mo. 647, 132 S.W. 238. An exception is made to this rule so that "where it is shown that matters which might establish prejudice or work a disqualifica......