Missouri Appeal Reports Volume 9

Missouri Appeal Reports Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...to make such preparations as the case will admit of and demand." It does not seem to us that this statement can be considered at all unreasonable. Upon all the facts presented in the record, we incline to the opinion that the ends of justice would have been more fairly reached in the granting of the defendant's last application for a continuance. The judgment is therefore reversed and the cause remanded. All the judges concur. STATE or MISSOURI, Respondent, v. ALANSON B. WAKEFIELD, Appellant. November 9, 1880. 1. An indictment for perjury must set out the facts showing that the false statements were made as to matters material to the issue pending at the time. 2. If the fact be s necessary link in the chain of evidence necessary to the determination of the main issue in the cause, it is material. 8. In an indictment for perjury, that the oath charged to have been falsely made contains more than the assignment specifies is immaterial. 4. That an instruction merely imposes an unnecessary burden on the prosecution is no ground for reversing the conviction. APPEAL from the St. Louis Criminal Court, LAUGHLIN, J. Afiirmed. CLINE, JAMISON & DAY, for the appellant: Neither the oath nor the allegations of the indictment can be extended by implication.---The State v. Bailey, 34 Mo. 350; The State v. Holden, 48 Mo. 93; The State v. Keel, 44 Mo. 182; The State v. Shanks, 66 Mo. 560; The State V. Painter, 67 Mo. 89. F. D. TURNER, for the appellant. J. C. NORMILE, Circuit Attorney, for the respondent, cited: Ward v. The State, 2 Mo. 120; The State v. Terry, 30 Mo. 371; 9 Mo. 837, 838; 16 Iowa, 40. C. P. Jonxson, for the respondent. L1-: wIs, P. J., delivered the opinion of the court. The indictment alleges that at the time mentioned, and...
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Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236947282
  • 9781236947284