State v. Walker
Supreme Court of Missouri
Error to Stoddard Circuit Court. — Host. R. P. Owen, Judge. Tliere was testimony that on the evening of the 4th day of November, 1880, the deceased with James and Henry Layton drove up to the drug store of P. G. Wilson in Bloomfield, where were assembled about eight or ten persons; that deceased and James Layton dismounted and went into the store, when deceased hollowed “ Hurrah for Garfield,” and some one hollowed “ Hurrah for Hancock;” that deceased then said “ I am a…
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Error to Stoddard Circuit Court. — Host. R. P. Owen, Judge. Tliere was testimony that on the evening of the 4th day of November, 1880, the deceased with James and Henry Layton drove up to the drug store of P. G. Wilson in Bloomfield, where were assembled about eight or ten persons; that deceased and James Layton dismounted and went into the store, when deceased hollowed “ Hurrah for Garfield,” and some one hollowed “ Hurrah for Hancock;” that deceased then said “ I am a Garfield man, but I don’t want this noise;” that defendant replied “I will hollow when and where I please;” that deceased…
1Opinion of the CourtSherwood, J.
evidence res gestae. . Indictment for murder in the first degree ; trial had and verdict for the second degree. The evidence was largely_ circumstantial, no witness testifying positively that the defendant fired the fatal shot, though there was much in the testimony pointing to him as the perpetrator of the murderous deed. There is great conflict of authority on the subject of what constitutes the res gestae. "We feel satisfied that the remark or exclamation of Cole to Walker the moment after the shot was fired, and while the difficulty was still in progress, was thus admissible as…
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