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147 Mo. 69

State v. Harvey

Supreme Court of Missouri

Decided November 21, 1898

Supreme Court of Missouri · decided 1898-11-21

Louis Gity Circuit Court. — Hon. William Zachritz, Judge. (1) The record proper is in regular shape and the ease is shown to have been impartially and legally tried. The indictment correctly charges the offense. The evidence was ample to convict. Nor was an error committed in the rulings of the court upon its admission. The instructions were all that is required by law.

Aeeirmed · Decided 1898-11-21

SHERWOOD, J.

¶1— Guilty of robbery in the first degree and twelve years in the penitentiary was the verdict of the jury. William Donald was the victim who was “held up” by three footpads, that method being a la mode now in the ■ city of St. Louis.

¶2The evidence was amply sufficient, and the instruction covered all 'questions of law necessary for the information of the jury in giving their verdict. Defendant excepted to the .giving of the instruction, and also excepted to the failure of ■the court to fully instruct the jury on all questions, etc. But *70as the jury was properly and fully instructed, the exceptions taken fall to the ground.

¶3The defense relied on was an alibi, but it is evident that the jury entertained a view not favorable to that theory.

¶4As the record is free from error, judgment affirmed.

All concur.
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