State v. McKay

Decided January 4, 1886

Missouri Court of Appeals · decided 1886-01-04

Gr. D. Burgess, Judge. . . The facts sufficiently appear from the opinion of the court/ I. This is not a case of variance, but of failure of proof. There was no proof of the road, or of its locality. Wharton Cr. Evidence (8 Ed.) sect. 109 ; Kelley’s Criminal Law and Practice, sect. 182. The instructions ignore the issues. II. Defendant’s instruction in the nature of a demurrer to the evidence should have been given.

Cited by 1 later decisions — most recently January 1890

1 state decisions

Relies on State v. Babb · State v. Hughes · State v. Hughes

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1886-01-04

View the full empirical analysis of this case →

Hall, J.

¶1The defendant was indicted for obstructing a public road. There was no evidence, direct or from which it could have been inferred, that the offence was committed in Linn county. For this reason the judgment must be reversed. The State v. Hughes, 82 Mo. 88; The State v. Apperger, 80 Mo. 173; The State v. Wheeler, 79 Mo. 366; The State v. Inman, 76 Mo. 548; The State v. Babb, 76 Mo. 503; The State v. Hartnett, 75 Mo. 251; The State v. Burgess, 75 Mo. 541; The State v. Hughes, 71 Mo. 633.

¶2The judgment reversed and the cause remanded.

All concur.