Williams v. Watson

| Mo. | Mar 15, 1863

Bates, Judge,

delivered the opinion of the court.

1. There was no error in permitting the defendants to file an 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.