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520 S.W.2d 17

State v. Holzwarth

Supreme Court of Missouri

Decided March 10, 1975

Supreme Court of Missouri · decided 1975-03-10

Relies on Merrick v. Bridgeways, Inc. · Minter v. Bradstreet Co. · Sullivan v. Roach-Manigan Paving Co. of Texas

Good law ✅— No negative treatment on recordhow we know

Decided 1975-03-10

How this case has been cited

Cited by 13 later decisions — most recently June 2019

13 state decisions

8019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HOLMAN, Judge

¶1(dissenting).

¶2I respectfully dissent for the reason that the alleged error for which the principal opinion reverses the judgment was not preserved for appellate review. If the judicial process is to operate in an orderly manner counsel must be required to make a proper objection in order to give the trial court an opportunity to rule on matters considered objectionable. In this case there was no objection to the reading of the first statute and the objection made to the reading of the excusable homicide statute was entirely different from the objection urged on this appeal. In that situation neither incident is preserved for review. State v. Ellifrits, 459 S.W.2d 293 [2] (Mo.1970); State v. Williams, 423 S.W.2d 736 [3] (Mo.1968).

¶3Additionally I adopt the following from an opinion previously prepared by Judge Higgins: “Appellant also asserts this point as a matter of ‘plain error.’ Appellant cites no authorities and it is noted that even though the courts have held it improper to read law to the jury, they have not ordered reversals on that ground. See, e. g., State ex rel. Gehring v. Claudius, 1 Mo.App. 551 (1876); Barnett v. Sweringen, 77 Mo.App. 64 (1898); Minter v. Bradstreet Co., 174 Mo. 444, 73 S.W. 668 (1903); Lewis v. Barnes, 220 S.W. 487 (Mo. banc 1920) ; Merrick v. Bridgeways, Inc., 362 Mo. 476, 241 S.W.2d 1015 (1951); King v. Furry, 317 S.W.2d 690 (Mo.App.1958). This is not to suggest that such practice would never result in reversible error, but rather to indicate that cases in which it has occurred have been reviewed on their own circumstances to determine whether the drastic remedy of reversal was required on that ground. It is not made to appear as a subject of manifest injustice or miscarriage of justice in this case. Rule 27.20(c), supra.”

¶4Assuming that there are no other points raised by defendant which would require reversal I would affirm.

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