State v. Mulhall
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Robt. M. Foster, Judge. (1) The court erred in permitting the State in rebuttal and over defendant’s objection to contradict with the testimony of Ernest Morgan the testimony of the witness Williams on a matter immaterial to the issue on trial; the answer of said witness on such immaterial matter being conclusive, (a) A witness cannot be cross-examined as to a collateral matter merely for the purpose of contradicting him. 1…
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Appeal from St. Louis City Circuit Court. — Hon. Robt. M. Foster, Judge. (1) The court erred in permitting the State in rebuttal and over defendant’s objection to contradict with the testimony of Ernest Morgan the testimony of the witness Williams on a matter immaterial to the issue on trial; the answer of said witness on such immaterial matter being conclusive, (a) A witness cannot be cross-examined as to a collateral matter merely for the purpose of contradicting him. 1 Greenleaf, Evid. (13 Ed.), 449; Roscoe’s Crim. Evid.,-181; Feltner v. Commonwealth, 64 S. W. 959; Caskey v. City of La…
1Opinion of the CourtFox, J.
This cause is here upon appeal by the defendant from a judgment of the circuit court of the city of St. Louis convicting the defendant of an assault with intent to kill. Omitting formal parts, the information upon which this judgment of conviction is based charges:
“That Zaeh Mulhall, on the eighteenth day of June in the year of our Lord, one thousand nine hundred and four, at the city of St. Louis aforesaid with force, and arms, in and upon one Ernest Morgan feloniously, wilfully, on purpose and of his malice aforethought, did make an assault; and the said Zach Mulhall, with a eer*206tain weapon,…
2Cases cited14 opinions
- State v. GilmoreSupreme Court of Missouri · 1888
- Lacefield v. StateSupreme Court of Arkansas · 1879
- State v. PaytonSupreme Court of Missouri · 1886
- State v. PollardSupreme Court of Missouri · 1897
- Barcus v. StateMississippi Supreme Court · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ford v. StateCourt of Appeals of Maryland · 1993
- Jablonowski v. Modern Cap Manufacturing Co.Supreme Court of Missouri · 1925
- Smallman v. GladdenOregon Supreme Court · 1955
- Morgan v. MulhallSupreme Court of Missouri · 1908
- State v. BradySupreme Court of Florida · 1999
23 more not listed; retrieve them via the Exa API.