State v. Dilts
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — How. David H. Eby, Judge. (1) It was error to permit Mrs. Reed to testify in rebuttal to matters sbe bad gone over in chief. (2) Instruction 4, given by the court of its own motion, is erroneous, in that, on account of the arrangement of its clauses it gives undue prominence and significance to the fact that defendant was testifying in his own behalf.
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Appeal from Monroe Circuit Court. — How. David H. Eby, Judge. (1) It was error to permit Mrs. Reed to testify in rebuttal to matters sbe bad gone over in chief. (2) Instruction 4, given by the court of its own motion, is erroneous, in that, on account of the arrangement of its clauses it gives undue prominence and significance to the fact that defendant was testifying in his own behalf. State v. Boyd, 178 Mo. 14. (3) Instruction 5%, given by the court of its own motion, does not employ the words in universal use in stating the elements of the crime of rape. (4) Defendant’s motion' for a new…
1Opinion of the CourtGantt, J.
At the December term, 1903, of the circuit court of Monroe county, Missouri, the prosecuting attorney of said county filed the following amended information:
“State of Missouri, County of Monroe, ss.
“State of Missouri, Plaintiff,
vs.
“George Dilts, Defendant.
“In the Circuit Court of Monroe County, Missouri, December term, 1903.
“And now at this day comes James P. Boyd, prosecuting attorney of and within the county of Monroe and State of Missouri, and files herein his amended information in this cause, leave of court having been first had and obtained for that purpose, and under his oath of office…
2Cases cited6 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- State v. MarcksSupreme Court of Missouri · 1897
- State v. BuchlerSupreme Court of Missouri · 1890
- State v. MaguireSupreme Court of Missouri · 1878
- State v. McGinnisSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. PfeiferSupreme Court of Missouri · 1916
- State v. McDonoughSupreme Court of Missouri · 1911
- State v. GeorgeSupreme Court of Missouri · 1908
- State v. WilkinsSupreme Court of Missouri · 1909
- State v. ShafferSupreme Court of Missouri · 1913
7 more not listed; retrieve them via the Exa API.