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108 Mo. App. 421

State v. Coleman

Missouri Court of Appeals

Decided November 29, 1904

Missouri Court of Appeals · decided 1904-11-29

Louis Court of Criminal Correction— Hon. H, N. Moore, Judge. STATEMENT. Defendant was tried in the St. Lonis court of criminal correction, before the judge of that court, a jury having been waived, on an information charging assault and battery. He was found guilty and filed a motion to set aside the verdict of the court, on the ground that it was against the evidence and the weight of the evidence. His motion being denied, defendant appealed.

Cited by 2 later decisions — most recently June 1910

2 state decisions

Relies on John Deere Plow Co. v. Sullivan · Bozarth v. Lincoln Legion of Honor · Colyer v. Missouri Pacific Railroad

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1904-11-29

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BLAND, P. J.

¶1(after stating the facts). — When the trial court sits as a jury and gives a general verdict, an appellate court, in respect to the evidence, can only look to see if there is any substantial evidence to sup-dict. Bozarth v. Legion of Honor, 93 Mo. App. 564, 67 S. W. 679. The general rule .of appellate practice is that an appellate court will not reverse a judgment, on the ground that the verdict is against the weight of the evidence, but will sustain the verdict where there is substantial evidence in support of it. Temple v. Railway, 83 Mo. App. 64; Colyer v. Railway, 93 Mo. App. 147; Deere Plow Co. v. Sullivan, 158 Mo. 440, 59 S. W. 1005. Rolls’ evidence made out a clear case against the defendant and, however strong may have been the countervailing evidence, it was sufficient to warrant a conviction^ if believed to be true.

¶2The judgment is affirmed.

All concur.
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