Williams v. Watson

Supreme Court of Missouri

Williams v. Watson

34 Mo. 95

Supreme Court of Missouri·Decided March 15, 1863·Published·Cited by 4 cases

Opinion

Bates, Judge,

delivered the opinion of the court.

1. There was no error in permitting the defendants to file [98]*98an affidavit and recognizance in the appellate court. (R. O. 1855, p. 973, § 7, and p. 975, § 17.) And after they were filed the motions to dismiss the appeal were properly overruled.

2. The instruction given for the defendants was palpably wrong. Even in a criminal case there must be a reasonable doubt to acquit the defendant, and the principle has no application to a civil case.

Judgment reversed and cause remanded.

Judges Bay and Dryden concur.

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Bates, Judge,

delivered the opinion of the court.

1. There was no error in permitting the defendants to file [98]*98an affidavit and recognizance in the appellate court. (R. O. 1855, p. 973, § 7, and p. 975, § 17.) And after they were filed the motions to dismiss the appeal were properly overruled.

2. The instruction given for the defendants was palpably wrong. Even in a criminal case there must be a reasonable doubt to acquit the defendant, and the principle has no application to a civil case.

Judgment reversed and cause remanded.

Judges Bay and Dryden concur.

Williams v. Watson, 34 Mo. 95 (Mo. 1863).

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Opinion

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