did not commit error (Missouri) · Go Syfert
← Missouri issues

did not commit error in Missouri

16 Missouri opinions name it 2 courts 1878–2019 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
State v. Hallgreen
moctapp · 2010 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019See State v. Howell, 441 S.W.3d 217, 219 (Mo. App. 2014) (“prosecutor is given even more latitude when responding to issues raised in the defendant’s closing argument”); Hall, 319 S.W.3d at 523-24 (when reviewing complained-of comments made in rebuttal, the trial court may consider whether the State’s comments were invited and the State may go further “in answering the argument of the defendant than would be normally allowed [and] has considerable leeway to make retaliatory arguments at closing … even if comment would be improper”).

11
STATE OF MISSOURI, Plaintiff-Respondent v. OSCAR L. HOWELLgreen
moctapp · 2014 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019See State v. Howell, 441 S.W.3d 217, 219 (Mo. App. 2014) (“prosecutor is given even more latitude when responding to issues raised in the defendant’s closing argument”); Hall, 319 S.W.3d at 523-24 (when reviewing complained-of comments made in rebuttal, the trial court may consider whether the State’s comments were invited and the State may go further “in answering the argument of the defendant than would be normally allowed [and] has considerable leeway to make retaliatory arguments at closing … even if comment would be improper”).

11
State v. Zeitvogelgreen
mo · 1986 · cited in 1 Missouri opinions naming this issue, 1987–1987
2 sentences

1987V Defendant also challenges the submission of both Instruction No. 12 and Instruction No. 13 on the ground that some of the prior offenses listed as nonstatutory aggravating circumstances in Instruction No. 13 were duplicative of those submitted in Instruction No. 12 as defendant's prior *673 serious assaultive convictions. [3] This claim may be succinctly answered by reference to State v. Zeitvogel, 707 S.W.2d 365, 369 (Mo. banc 1986), cert. denied, ___ U.S. ___, 107 S.Ct. 243 , 93 L.Ed.2d 168 (1986) in which we rejected an identical contention.

1987V Defendant also challenges the submission of both Instruction No. 12 and Instruction No. 13 on the ground that some of the prior offenses listed as nonstatutory aggravating circumstances in Instruction No. 13 were duplicative of those submitted in Instruction No. 12 as defendant’s prior serious assaultive convictions. 3 This claim may be succinctly answered by reference to State v. Zeitvogel, 707 S.W.2d 365, 369 (Mo. banc 1986), cert, denied, — U.S. -, 107 S.Ct. 243 , 93 L.Ed.2d 168 (1986) in which we rejected an identical contention.

11
State v. Bradleygreen
mo · 1950 · cited in 1 Missouri opinions naming this issue, 1975–1975
1 sentence

1975State v. Burnett, 365 Mo. 1060 , 293 S.W.2d 335, 343 (1956); State v. Bradley, 234 S.W.2d 556, 563 (Mo.1950).

11
State v. Burnettgreen
mo · 1956 · cited in 1 Missouri opinions naming this issue, 1975–1975
2 sentences

1975State v. Burnett, 365 Mo. 1060 , 293 S.W.2d 335, 343 (1956); State v. Bradley, 234 S.W.2d 556, 563 (Mo.1950).

1975State v. Burnett, 365 Mo. 1060 , 293 S.W.2d 335, 343 (1956); State v. Bradley, 234 S.W.2d 556, 563 (Mo.1950).

11
Layton v. Palmergreen
mo · 1958 · cited in 1 Missouri opinions naming this issue, 1970–1970
1 sentence

1970Layton v. Palmer, Mo., 309 S.W.2d 561, 567 [10,11]; Walquist v. Kansas City Rys.

11
State v. Pinegreen
· 1933 · cited in 1 Missouri opinions naming this issue, 1938–1938
2 sentences

1938They were of the same nature as questions about whether a witness has been charged with a crime or arrested (without a conviction) for an offense; and it is well settled that a witness cannot be impeached in that manner. [Wendling v. Bowden, supra, 252 Mo. l. c. 697, 161 S. W. l. c. 789; State v. Pine, 332 Mo. 314, 320, 321 , 57 S. W. (2d) 1087, 1089, 1090 (6).] In the cross-examination of the State’s witness Widmer, deputy sheriff, referring to the poultry house of Yanderbeck at Huntsville, this question was asked, and objection and ruling made: “Q.

1938They were of the same nature as questions about whether a witness has been charged with a crime or arrested (without a conviction) for an offense; and it is well settled that a witness cannot be impeached in that manner. [Wendling v. Bowden, supra, 252 Mo. l. c. 697, 161 S. W. l. c. 789; State v. Pine, 332 Mo. 314, 320, 321 , 57 S. W. (2d) 1087, 1089, 1090 (6).] In the cross-examination of the State’s witness Widmer, deputy sheriff, referring to the poultry house of Yanderbeck at Huntsville, this question was asked, and objection and ruling made: “Q.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
In Re Marriage of Herr green
moctapp · 1986
1 sentence

2013Point II is denied. 4 Husband contends in his fourth point that the court erred in its calculation of the farm under the source of funds formula, as stated in In re Marriage of Herr, 705 S.W.2d 619 (Mo.App.

12013–2013
State v. Ivory green
moctapp · 1980
1 sentence

1993Id. at 222 .

11993–1993
Michelson v. United States green
scotus · 1949
2 sentences

1987V Defendant also challenges the submission of both Instruction No. 12 and Instruction No. 13 on the ground that some of the prior offenses listed as nonstatutory aggravating circumstances in Instruction No. 13 were duplicative of those submitted in Instruction No. 12 as defendant's prior *673 serious assaultive convictions. [3] This claim may be succinctly answered by reference to State v. Zeitvogel, 707 S.W.2d 365, 369 (Mo. banc 1986), cert. denied, ___ U.S. ___, 107 S.Ct. 243 , 93 L.Ed.2d 168 (1986) in which we rejected an identical contention.

1987V Defendant also challenges the submission of both Instruction No. 12 and Instruction No. 13 on the ground that some of the prior offenses listed as nonstatutory aggravating circumstances in Instruction No. 13 were duplicative of those submitted in Instruction No. 12 as defendant’s prior serious assaultive convictions. 3 This claim may be succinctly answered by reference to State v. Zeitvogel, 707 S.W.2d 365, 369 (Mo. banc 1986), cert, denied, — U.S. -, 107 S.Ct. 243 , 93 L.Ed.2d 168 (1986) in which we rejected an identical contention.

11987–1987
Dae v. City of St. Louis green
moctapp · 1980
1 sentence

1980Louis, supra; Nickols v. North Kansas City, supra. The Court did not commit error in dismissing plaintiffs’ petition as to Chapter 626 for its failure to state a claim upon which relief could be granted.

11980–1980
Miranda v. Arizona green
scotus · 1966
2 sentences

1974Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

1974Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

11974–1974
State v. Christup neutral
mo · 1935
2 sentences

1950We hold that the court did not commit error in receiving appellant’s statement in evidence. [State v. Christup, 337 Mo. 776 , 85 S. W. (2d) 1024 ; State v. Pillow, (Mo.) 169 S. W. (2d) 414 .] The metal taken by appellant and his accomplice consisted of three small truck loads, two taken one night and one the next night.

1950We hold that the court did not commit error in receiving appellant’s statement in evidence. [State v. Christup, 337 Mo. 776 , 85 S. W. (2d) 1024 ; State v. Pillow, (Mo.) 169 S. W. (2d) 414 .] The metal taken by appellant and his accomplice consisted of three small truck loads, two taken one night and one the next night.

11950–1950
Townsend v. Schaden neutral
· 1918
2 sentences

1934We, therefore, hold that "the court did not commit error in refusing to direct a verdict for plaintiff. [Cramer v. May, 223 Mo. App. 57 , 8 S. W. (2d) 110, 113 ; Townsend v. Schaden, 275 Mo. 227, 242 , 204 S. W. 1076 ; Reynolds v. Hansom (Mo. App.), 191 S. W. 1030 .] Plaintiff complains of two instructions given on behalf of defendants.

1934We, therefore, hold that "the court did not commit error in refusing to direct a verdict for plaintiff. [Cramer v. May, 223 Mo. App. 57 , 8 S. W. (2d) 110, 113 ; Townsend v. Schaden, 275 Mo. 227, 242 , 204 S. W. 1076 ; Reynolds v. Hansom (Mo. App.), 191 S. W. 1030 .] Plaintiff complains of two instructions given on behalf of defendants.

11934–1934
Simpson v. Wells green
· 1922
1 sentence

1934There was ample evidence of the causal connection between the accidental injuries received by deceased and his death without the certificate, and neither the verdict of the jury nor the judgment of the court rendered thereon is made to depend upon it. [Simpson v. Wells, 292 Mo. 301 , l.c. 323.] From the conclusions announced, it follows that the court did not commit error in refusing defendant's requested Instruction B. 3.

11934–1934
Cremer v. May green
moctapp · 1928
2 sentences

1934We, therefore, hold that "the court did not commit error in refusing to direct a verdict for plaintiff. [Cramer v. May, 223 Mo. App. 57 , 8 S. W. (2d) 110, 113 ; Townsend v. Schaden, 275 Mo. 227, 242 , 204 S. W. 1076 ; Reynolds v. Hansom (Mo. App.), 191 S. W. 1030 .] Plaintiff complains of two instructions given on behalf of defendants.

1934We, therefore, hold that "the court did not commit error in refusing to direct a verdict for plaintiff. [Cramer v. May, 223 Mo. App. 57 , 8 S. W. (2d) 110, 113 ; Townsend v. Schaden, 275 Mo. 227, 242 , 204 S. W. 1076 ; Reynolds v. Hansom (Mo. App.), 191 S. W. 1030 .] Plaintiff complains of two instructions given on behalf of defendants.

11934–1934
State v. Howard neutral
· 1929
1 sentence

1930Having given instructions covering the same subject-matter, the court did not commit error in refusing the defendant's instructions 7, 14 and 17. [State v. Howard (Mo. Sup.), 23 S.W.2d 16 .] This disposes of all assignments of error which are "set forth in detail and with particularity" in the motion for a new trial. [See. 4079, Laws 1925, p. 198.] The information and the verdict are sufficient in form and substance, and the evidence is amply sufficient to support the verdict.

11930–1930
Sharp v. Kansas City Cable Railway Co. green
mo · 1893
1 sentence

1906Co., 114 Mo. l. c. 100, 20 S. W. 93 , and cases cited), and we think the court did not commit error in refusing the peremptory instruction. 2.

11906–1906
Union Savings Ass'n v. Edwards neutral
mo · 1871
1 sentence

1889Union Savings Association v. Edwards, 47 Mo. 445 .

11889–1889
Keithley v. May neutral
mo · 1859
1 sentence

1878In Keithley v. May, 29 Mo. 220 ; Browning v. Chrisman, 30 Mo. 353 , and Adderton v. Collier, 32 Mo. 507 , there were especial reasons, apparent of record, why the plaintiff should not have been allowed to dismiss as to one of the parties defendant.

11878–1878
Browning v. Chrisman neutral
mo · 1860
1 sentence

1878In Keithley v. May, 29 Mo. 220 ; Browning v. Chrisman, 30 Mo. 353 , and Adderton v. Collier, 32 Mo. 507 , there were especial reasons, apparent of record, why the plaintiff should not have been allowed to dismiss as to one of the parties defendant.

11878–1878
Adderton v. Collier neutral
mo · 1862
1 sentence

1878In Keithley v. May, 29 Mo. 220 ; Browning v. Chrisman, 30 Mo. 353 , and Adderton v. Collier, 32 Mo. 507 , there were especial reasons, apparent of record, why the plaintiff should not have been allowed to dismiss as to one of the parties defendant.

11878–1878

Where else courts name it

OK 17 (1916–1983) MO 16 (1878–2019) CA 14 (1919–2023) IN 10 (1917–2013) IL 9 (1907–2023) AL 7 (1917–1978) NY 7 (1990–2026) TX 7 (1922–1974) GA 7 (1906–1979) MT 7 (1922–1987) FL 6 (1953–2002) NC 6 (1968–1985) AR 5 (1912–1980) CT 4 (1976–2021) ME 4 (2003–2019) OH 4 (1951–2026) OR 3 (1923–2021) AZ 2 (1923–1961) ND 2 (1938–1938) KY 2 (1968–1969) WA 2 (1938–1943) VT 2 (1936–1993) PA 2 (1949–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check