State v. Coleman

Missouri Court of Appeals

State v. Coleman

83 S.W. 1096, 108 Mo. App. 421, 1904 Mo. App. LEXIS 60

CourtMissouri Court of Appeals

DecidedNovember 29, 1904

StatusPublished

Cited by1 cases

This text of 83 S.W. 1096 (State v. Coleman) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Coleman, 83 S.W. 1096, 108 Mo. App. 421, 1904 Mo. App. LEXIS 60 (Mo. Ct. App. 1904).

Pincite

Opinion

BLAND, P. J.

(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.

The judgment is affirmed.

All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BLAND, P. J.

(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.

The judgment is affirmed.

All concur.

Cite This Page — Counsel Stack

Bluebook (online)

83 S.W. 1096, 108 Mo. App. 421, 1904 Mo. App. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coleman-moctapp-1904.

Opinion

Related

Cite This Page — Counsel Stack