182 Mo. 75
Decided May 31, 1904
Supreme Court of Missouri · decided 1904-05-31
- — How. J. L. Fort, Judge. Before the State can ask for a conviction or even desire the conviction of one of her citizens charged with crime, it must be established beyond a reasonable doubt that every material allegation in the information has been proven. A failure on the part of the State to do this entitles the defendant to an acquittal.
Eevebsed · Decided 1904-05-31
¶1Defendant was indicted for rape. He was afterwards tried and convicted and his punishment fixed at imprisonment in the penitentiary for ninety-nine years. He appeals.
¶2From an examination of the record we find no evidence whatever connecting the defendant with the offense, or that even tends to do so. This is also the opinion of the Attorney-General, who recommends the reversal of the judgment and the discharge of the defendant. It is so ordered.