State v. Winslow
| Decision Date | 18 December 1928 |
| Docket Number | No. 29168.,29168. |
| Citation | 11 S.W.2d 1010 |
| Parties | STATE v. WINSLOW. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Douglas County; W. E. Barton, Judge.
Harve Winslow was convicted of selling hootch, moonshine, and corn whisky, and he appeals. Affirmed.
Omer E. Brown, of Ozark, and Charles Farrar, of Buffalo, for appellant.
Stratton Shartel, Atty. Gen., and Walter E. Sloat, Sp. Asst. Atty. Gen., for the State.
An information was filed in the circuit court of Christian county, which in the first count charged the defendant with the sale of hootch, moonshine, and corn whisky on April 17, 1927, and in the second count with the sale of hootch, moonshine, and corn whisky on April 17, 1927, to James Robertson, from the drinking of which Robertson died on the same day. A change of venue was awarded to Douglas county, where defendant entered a plea of not guilty. The state dismissed as to the second count of the information, and thereupon the cause was tried to a jury, resulting in a verdict finding the defendant guilty as charged in the first count of the information, and assessing his punishment at imprisonment in the penitentiary for a term of three years, and the defendant appealed from a sentence on the verdict.
No point is raised in the defendant's motion for new trial as to the sufficiency of the information or of the evidence to support the verdict or of the instructions of the court to the jury. The evidence offered by the state is sufficient to support the verdict, and does not need to be detailed.
Appellant complains of error in the admission of evidence of the death of James Robertson. Robertson, with Earl Smith and Fred Beasley, drove in a Ford coupé to a point near the defendant's residence. Smith bought a quart of moonshine in two bottles and gave them to Robertson. The deputy sheriff, J. E. Stillens, during the following night, found Robertson dead in the car with a bottle partly full of moonshine whisky at his feet. On objection, the court struck out the testimony that Robertson was found dead in the car. Appellant made no further complaint.
It is also assigned as error in the motion for new trial that the court erred in permitting the prosecuting attorney to argue the poisonous quality of the liquor found in the bottle in the car of the deceased when there was no evidence that it was poisonous. If the prosecuting attorney made such an argument to the jury, it was not preserved in the bill of exceptions...
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State v. Chamineak
...by an objection thereto by defendant which was sustained by the Court. The defendant obtained all the relief requested. State v. Winslow, Mo.Sup., 11 S.W.2d 1010. When the two Hogan boys and Steingrubey went to the house on Pleasant Street they were in a Ford automobile which Hieatt had bor......
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State v. Walker, 57135
...and appellant, having made no request that the jury be directed to disregard the evidence, cannot now complain on appeal. State v. Winslow, Mo., 11 S.W.2d 1010. Appellant contends that the verdict directing instruction on rape was erroneous in that 'it failed to instruct as to the necessity......
- State v. Winslow