well-founded rule in Missouri

2016The requirement of contemporaneous objections to the qualification of jurors is a well-founded rule that minimizes “the incentive to sandbag in the hope of acquittal and, if unsuccessful, mount a post-conviction attack on the jury selection process.” Id. (internal quotations omitted).

2016Post-conviction challenges to jury selection, therefore, are “highly suspect.” Id.

1938Mo. 389, 246 S. W. 932 ; Green v. Terminal Railroad Assn., 211 Mo. 18 , 109 S. W. 715 ; Devoy v. Transit Company, 192 Mo. 197 , 91 S. W. 140 ; Pratte v. Coffman, 33 Mo. 71 .] Appellant objects to an instruction given for the respondent on the ground that it was predicated on facts not in evidence.

1938Mo. 389, 246 S. W. 932 ; Green v. Terminal Railroad Assn., 211 Mo. 18 , 109 S. W. 715 ; Devoy v. Transit Company, 192 Mo. 197 , 91 S. W. 140 ; Pratte v. Coffman, 33 Mo. 71 .] Appellant objects to an instruction given for the respondent on the ground that it was predicated on facts not in evidence.

1938Mo. 389, 246 S. W. 932 ; Green v. Terminal Railroad Assn., 211 Mo. 18 , 109 S. W. 715 ; Devoy v. Transit Company, 192 Mo. 197 , 91 S. W. 140 ; Pratte v. Coffman, 33 Mo. 71 .] Appellant objects to an instruction given for the respondent on the ground that it was predicated on facts not in evidence.

1938Mo. 389, 246 S. W. 932 ; Green v. Terminal Railroad Assn., 211 Mo. 18 , 109 S. W. 715 ; Devoy v. Transit Company, 192 Mo. 197 , 91 S. W. 140 ; Pratte v. Coffman, 33 Mo. 71 .] Appellant objects to an instruction given for the respondent on the ground that it was predicated on facts not in evidence.

1938Mo. 389, 246 S. W. 932 ; Green v. Terminal Railroad Assn., 211 Mo. 18 , 109 S. W. 715 ; Devoy v. Transit Company, 192 Mo. 197 , 91 S. W. 140 ; Pratte v. Coffman, 33 Mo. 71 .] Appellant objects to an instruction given for the respondent on the ground that it was predicated on facts not in evidence.

1938Nor are we authorized to consider these under the well-founded rule that testimony of jurors will not be received for the purpose. of impeaching the verdict of a jury. [Steffen v. Southwestern Bell Telephone Co., 331 Mo. 574 , 56 S. W. (2d) 47 ; Evans v. Klusmeyer, 301 Mo. 352 , 256 S. W. 1036 ; State v. Shields, 296.

1938Nor are we authorized to consider these under the well-founded rule that testimony of jurors will not be received for the purpose. of impeaching the verdict of a jury. [Steffen v. Southwestern Bell Telephone Co., 331 Mo. 574 , 56 S. W. (2d) 47 ; Evans v. Klusmeyer, 301 Mo. 352 , 256 S. W. 1036 ; State v. Shields, 296.

1938Nor are we authorized to consider these under the well-founded rule that testimony of jurors will not be received for the purpose. of impeaching the verdict of a jury. [Steffen v. Southwestern Bell Telephone Co., 331 Mo. 574 , 56 S. W. (2d) 47 ; Evans v. Klusmeyer, 301 Mo. 352 , 256 S. W. 1036 ; State v. Shields, 296.

1938Nor are we authorized to consider these under the well-founded rule that testimony of jurors will not be received for the purpose. of impeaching the verdict of a jury. [Steffen v. Southwestern Bell Telephone Co., 331 Mo. 574 , 56 S. W. (2d) 47 ; Evans v. Klusmeyer, 301 Mo. 352 , 256 S. W. 1036 ; State v. Shields, 296.

1938Mo. 389, 246 S. W. 932 ; Green v. Terminal Railroad Assn., 211 Mo. 18 , 109 S. W. 715 ; Devoy v. Transit Company, 192 Mo. 197 , 91 S. W. 140 ; Pratte v. Coffman, 33 Mo. 71 .] Appellant objects to an instruction given for the respondent on the ground that it was predicated on facts not in evidence.

1927Co., 220 Mo. 435 , 119 S. W. 932 , ruled that in an action by a passenger against a carrier for injuries arising as the result of a collision, the plaintiff, under a general charge of negligence relying upon the doctrine of res ipsa loqmtur, need prove no more than the relationship of passenger and carrier, the collision, and the exclusive control over the car by the defendant, and plaintiff’s consequent injury, and the extent'thereof, thereby resting his case upon the well-founded doctrine of presumption of the carrier’s negligence arising from the established relationship,' and that the plai

1927Co., 220 Mo. 435 , 119 S. W. 932 , ruled that in an action by a passenger against a carrier for injuries arising as the result of a collision, the plaintiff, under a general charge of negligence relying upon the doctrine of res ipsa loqmtur, need prove no more than the relationship of passenger and carrier, the collision, and the exclusive control over the car by the defendant, and plaintiff’s consequent injury, and the extent'thereof, thereby resting his case upon the well-founded doctrine of presumption of the carrier’s negligence arising from the established relationship,' and that the plai

1905In view of the state of the record before us, we decline to examine the finding of facts. [Christy’s Admr. v. Meyer, 21 Mo. 112 ; Wentzville Tobacco Co. v. Walker, 123 Mo. 662 , 27 S. W. 639 ; U. S. v. Gamble & Bates, 10 Mo. 457 ; Zugg v. Arnold, 75 Mo. App. 68 .] What has been said applies with equal force to the finding of the court on the allegation of confederation and conspiracy among the several defendants and their alleged joint action which would render them jointly liable, if liable at all, in this case, inasmuch as all the evidence in support thereof is not before this court, and esp

1905In view of the state of the record before us, we decline to examine the finding of facts. [Christy’s Admr. v. Meyer, 21 Mo. 112 ; Wentzville Tobacco Co. v. Walker, 123 Mo. 662 , 27 S. W. 639 ; U. S. v. Gamble & Bates, 10 Mo. 457 ; Zugg v. Arnold, 75 Mo. App. 68 .] What has been said applies with equal force to the finding of the court on the allegation of confederation and conspiracy among the several defendants and their alleged joint action which would render them jointly liable, if liable at all, in this case, inasmuch as all the evidence in support thereof is not before this court, and esp

1905In view of the state of the record before us, we decline to examine the finding of facts. [Christy’s Admr. v. Meyer, 21 Mo. 112 ; Wentzville Tobacco Co. v. Walker, 123 Mo. 662 , 27 S. W. 639 ; U. S. v. Gamble & Bates, 10 Mo. 457 ; Zugg v. Arnold, 75 Mo. App. 68 .] What has been said applies with equal force to the finding of the court on the allegation of confederation and conspiracy among the several defendants and their alleged joint action which would render them jointly liable, if liable at all, in this case, inasmuch as all the evidence in support thereof is not before this court, and esp

1905In view of the state of the record before us, we decline to examine the finding of facts. [Christy’s Admr. v. Meyer, 21 Mo. 112 ; Wentzville Tobacco Co. v. Walker, 123 Mo. 662 , 27 S. W. 639 ; U. S. v. Gamble & Bates, 10 Mo. 457 ; Zugg v. Arnold, 75 Mo. App. 68 .] What has been said applies with equal force to the finding of the court on the allegation of confederation and conspiracy among the several defendants and their alleged joint action which would render them jointly liable, if liable at all, in this case, inasmuch as all the evidence in support thereof is not before this court, and esp

1905In view of the state of the record before us, we decline to examine the finding of facts. [Christy’s Admr. v. Meyer, 21 Mo. 112 ; Wentzville Tobacco Co. v. Walker, 123 Mo. 662 , 27 S. W. 639 ; U. S. v. Gamble & Bates, 10 Mo. 457 ; Zugg v. Arnold, 75 Mo. App. 68 .] What has been said applies with equal force to the finding of the court on the allegation of confederation and conspiracy among the several defendants and their alleged joint action which would render them jointly liable, if liable at all, in this case, inasmuch as all the evidence in support thereof is not before this court, and esp

1905(Mass.) 168; Gilbert v. Bone, 79 Ill. 341 .] It has therefore been held in accord with this doctrine of strict construction and it is the well-founded rule in that behalf, that in suits on penal statutes in civil actions as well as otherwise, when the penalty sought to be recovered is- given and fixed by the statute in amount, the precise and exact sum so fixed by the statute must be alleged in the declaration. [16 Ency.