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11 Missouri opinions name it 2 courts 1935–1992 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.
| Case | Followed | Cited |
|---|---|---|
State v. Reesegreen2 sentences1977The governing rules dispositive of this issue have been stated many times, most comprehensively perhaps in State v. Reese, 364 Mo. 1221 , 274 S.W.2d 304, 307 (banc 1954): Proof of a separate and distinct crime is generally not admissible; exceptions to this general rule of exclusion are as well established as the rule itself; evidence of another crime is admissible to prove the specific crime charged if the former tends to establish (1) motive, or (2) intent, or (3) the absence of mistake or accident, or (4) a common scheme or plan embracing the commission of multiple crimes so related to each 1977The governing rules dispositive of this issue have been stated many times, most comprehensively perhaps in State v. Reese, 364 Mo. 1221 , 274 S.W.2d 304, 307 (banc 1954): Proof of a separate and distinct crime is generally not admissible; exceptions to this general rule of exclusion are as well established as the rule itself; evidence of another crime is admissible to prove the specific crime charged if the former tends to establish (1) motive, or (2) intent, or (3) the absence of mistake or accident, or (4) a common scheme or plan embracing the commission of multiple crimes so related to each | 1 | 6 |
State v. Lylegreen2 sentences1992The Court further stated (quoting from State v. Lyle, 125 S.C. 406 , 118 S.E. 803, 807 (1923)): The test of whether evidence of other distinct crimes falls within any of these exceptions has been aptly stated as follows: “The acid test is its logical relevancy to the particular excepted purpose or purposes for which it is sought to be introduced. 1992The Court further stated (quoting from State v. Lyle, 125 S.C. 406 , 118 S.E. 803, 807 (1923)): The test of whether evidence of other distinct crimes falls within any of these exceptions has been aptly stated as follows: “The acid test is its logical relevancy to the particular excepted purpose or purposes for which it is sought to be introduced. | 1 | 1 |
State v. Fraziergreen1 sentence1979State v. Frazier, 550 S.W.2d 590, 596 (Mo.App.1977). | 1 | 1 |
State v. Reedgreen2 sentences1976If it is logically pertinent in that it reasonably tends to prove a material fact in issue, it is not to be rejected merely because it incidentally proves the defendant guilty of another crime.’ State v. Reese, 364 Mo. 1221 , 274 S.W.2d 304, 307 .” The cases of State v. Reed, supra, and State v. Carter, 475 S.W.2d 85 (Mo.1972), neither of which was cited by the defendant, are markedly similar and appear to be controlling of the issue involved here. 1976The test of whether evidence of other distinct crimes falls within any of these exceptions was aptly stated in State v. Reed, supra, 447 S.W.2d at 534 [1]: “ ‘The acid test is its logical relevancy to the particular excepted purpose or purposes for which it is sought to be introduced. | 1 | 1 |
Epps v. Ragsdalegreen1 sentence1975This was stated in Epps v. Ragsdale, 429 S.W.2d 798, 802 (Mo.App.1968) as follows: “[ujnder MAI the acid test of an instruction is whether it follows the substantive law in hypothesizing the ultimate disputed facts, cut to the bare essentials; it should be all muscle and no fat”. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Carter
green
1 sentence1976If it is logically pertinent in that it reasonably tends to prove a material fact in issue, it is not to be rejected merely because it incidentally proves the defendant guilty of another crime.’ State v. Reese, 364 Mo. 1221 , 274 S.W.2d 304, 307 .” The cases of State v. Reed, supra, and State v. Carter, 475 S.W.2d 85 (Mo.1972), neither of which was cited by the defendant, are markedly similar and appear to be controlling of the issue involved here. | 1 | 1976–1976 |
State v. Smith
green
1 sentence1970If it is logically pertinent in that it reasonably tends to prove a material fact in issue, it is not to be rejected merely because it incidentally proves the defendant guilty of another crime. * * * See also State v. Kornegger, 363 Mo. 968 , 255 S.W.2d 765 ; State v. Niehoff, Mo. Sup., 395 S.W.2d 174 ; State v. Smith, Mo. Sup., 431 S.W.2d 74 ; 22A C.J.S. | 1 | 1970–1970 |
State v. Niehoff
green
1 sentence1970If it is logically pertinent in that it reasonably tends to prove a material fact in issue, it is not to be rejected merely because it incidentally proves the defendant guilty of another crime. * * * See also State v. Kornegger, 363 Mo. 968 , 255 S.W.2d 765 ; State v. Niehoff, Mo. Sup., 395 S.W.2d 174 ; State v. Smith, Mo. Sup., 431 S.W.2d 74 ; 22A C.J.S. | 1 | 1970–1970 |
State v. Kornegger
green
2 sentences1970If it is logically pertinent in that it reasonably tends to prove a material fact in issue, it is not to be rejected merely because it incidentally proves the defendant guilty of another crime. * * * See also State v. Kornegger, 363 Mo. 968 , 255 S.W.2d 765 ; State v. Niehoff, Mo. Sup., 395 S.W.2d 174 ; State v. Smith, Mo. Sup., 431 S.W.2d 74 ; 22A C.J.S. 1970If it is logically pertinent in that it reasonably tends to prove a material fact in issue, it is not to be rejected merely because it incidentally proves the defendant guilty of another crime. * * * See also State v. Kornegger, 363 Mo. 968 , 255 S.W.2d 765 ; State v. Niehoff, Mo. Sup., 395 S.W.2d 174 ; State v. Smith, Mo. Sup., 431 S.W.2d 74 ; 22A C.J.S. | 1 | 1970–1970 |
Potter v. Mt. Vernon Roller Mill Co.
neutral
2 sentences1955Vernon Roller Mill Co., 101 Mo.App. 581 , 73 S.W. 1005, 1006 , cited by plaintiff, states: “The circumstances that the identical grain is commingled with other grain, and is not' to be returned to the depositor, but a like quantity of the samé kind and quality are not sufficient to convert the contract into a sale.” The acid here was a standard chemical product, fungible and interchangeable. 37 C.J.S., p. 1407. 1955Vernon Roller Mill Co., 101 Mo.App. 581 , 73 S.W. 1005, 1006 , cited by plaintiff, states: “The circumstances that the identical grain is commingled with other grain, and is not' to be returned to the depositor, but a like quantity of the samé kind and quality are not sufficient to convert the contract into a sale.” The acid here was a standard chemical product, fungible and interchangeable. 37 C.J.S., p. 1407. | 1 | 1955–1955 |
Kneisley Lumber Co. v. Edward B. Stoddard Co.
neutral
2 sentences1935Stoddard Co., 113 Mo. App. 306 , loc. cit. 316, 88 S. W. 774 .] We conclude that the lien account, which we have set out heretofore, meets the acid test prescribed, and fully apprises the owner and the public of the nature and amount of plaintiff’s demand and of its desire and purpose to have it established as a lien on certain described buildings located on certain described premises. 1935Stoddard Co., 113 Mo. App. 306 , loc. cit. 316, 88 S. W. 774 .] We conclude that the lien account, which we have set out heretofore, meets the acid test prescribed, and fully apprises the owner and the public of the nature and amount of plaintiff’s demand and of its desire and purpose to have it established as a lien on certain described buildings located on certain described premises. | 1 | 1935–1935 |
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.