(Download) "State Missouri v. Hubert Morris" by Supreme Court of Missouri Division 2 " eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Hubert Morris
- Author : Supreme Court of Missouri Division 2
- Release Date : January 09, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Defendant, convicted by a jury of operating a motor vehicle without the owner's permission (§ 560.175, V.A.M.S.),
was sentenced by the court pursuant to the Second Offender Act (§ 556.280, V.A.M.S.) to imprisonment for five years,
and he appeals. We reverse and remand for a hearing and finding to determine the applicability of § 556.280. The first issue raised involves whether defendant's motion for judgment of acquittal should have been sustained. In determining
this question, "We do not recite all of his testimony because, in testing the sufficiency of the evidence to determine whether
defendant's motion for a judgment of acquittal should have been sustained, we consider only the evidence favorable to the
verdict. '* * * all the substantial testimony tending to support the verdict must be considered as true, and every legitimate
inference therefrom favorable to the verdict must be indulged.' State v. Taylor, Mo., 324 S.W.2d 643, 646, 76 A.L.R.2d 671."
State v. Wishom, Mo., 416 S.W.2d 921, 923. Where, as here, defendant has offered evidence, submissibility of the case will
be determined on the entire evidence. State v. Sykes, Mo., 372 S.W.2d 24.
 "State Missouri v. Hubert Morris" by Supreme Court of Missouri Division 2 " eBook PDF Kindle ePub Free){kind=link}