251 Mo. 178 | Mo. | 1913
Defendant was tried in the criminal court of Jackson county, Missouri, under an information charging him with robbery in the first degree, found guilty by the jury, and his punishment assessed at five years in the penitentiary. He appeals to this court.
The defendant testified that he was born at Sedalia, Missouri, going through the high school there, and later attended the Western Baptist College, at Macon, Missouri, where he graduated; that he then
Witness Shline, a tailor, testified that he was at defendant’s home that evening to see about making a collection for clothing he had sold, remaining there nearly half an hour and leaving about seven o’clock, and that defendant was there at that time.
Witness Adolphus Ewing testified that he went to defendant’s home about fifteen minutes before seven o’clock that evening, and remained until about nine o’clock, and that defendant was at home during that time.
Defendant undertook to establish a good reputation by witness W. E. Connor, who, however, was unable to qualify as a character witness.
The State in rebuttal introduced five witnesses, including three police officers and the chief of detectives of Kansas City, who testified that defendant’s reputation for general morality in the neighborhood in which he lived was bad.
OPINION.
The information is signed and sworn to by said assistant prosecuting attorney. Appellant contends that the information is insufficient because it did'not charge that the prosecuting attorney informed the.court upon his “official oath” or “oath of office,” and furthermore that it does not affirmatively appear that the assistant prosecuting attorney had power to sign the information.
“The Court (out of the presence and hearing of the jury): The court will permit you to show this contention, if you can. The court will not permit you .to assail the veracity of Mrs. Eogers by showing that her husband was discharged from the employment of the Pinkerton Detective Agency for drunkenness or misconduct. If you. can show that the prosecuting witness, Mrs. Eogers, was in a conspiracy, or was induced by her husband or anybody else to swear falsely against this defendant, the court will give you every opportunity and every agency in the hands of the court or at its disposal to ferret out this conspiracy, but the court will not permit you to show that the husband of the witness was discharged from a position as affecting the credibility of the witness.
" Mr. Gray: Exception. ’ ’
It becomes apparent from a reading of the above that the court committed no error in its ruling. The fact that the husband of the prosecuting witness was
The two witnesses for the State were positive in their testimony that defendant was the person who-committed the robbery. There was certainly substantial evidence to support the verdict, and where this is-true, the judgment on appeal will not be set aside. [State v. Sassaman, 214 Mo. 695; State v. Sharp, 233 Mo. 269; State v. Reed, 237 Mo. 224; State v. Fields, 234 Mo. 615.]
Appellant makes no complaint as to the instructions given, but we have carefully examined same, and find that they fully and fairly declare the law applicable to the case and are free from error.
The judgment is affirmed. Roy, G., concurs.
PER CURIAM. — The foregoing opinion by Wiliams, C., is adopted as. the. opinion of the court.