Legal Opinion

State v. Stokes

Supreme Court of Missouri

Decided June 23, 1921PublishedCited by 5 opinions

Appeal 'from Hickory Circuit Court. — Hon. G. H. Shin-leer, Judge. (1) It is the well settled law that the defendant in a criminal trial cannot he cross-examined upon matters not referred to in his examination in chief. .State v. Pfeifer, 267 Mo. 30; Stale v. Kyle, 177 Mó. 659; State v. Grant, 144 Mo. 63; State v. Hathhorn, 166. Mo. 239; State v. Swearengin, 269 Mo. 185; State v. Drew, 213 S. W. 106; Sec. 5238, R, S. 1909; U. S. Constitution, 5th Amendment; State v. Bowman,…

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Appeal 'from Hickory Circuit Court. — Hon. G. H. Shin-leer, Judge. (1) It is the well settled law that the defendant in a criminal trial cannot he cross-examined upon matters not referred to in his examination in chief. .State v. Pfeifer, 267 Mo. 30; Stale v. Kyle, 177 Mó. 659; State v. Grant, 144 Mo. 63; State v. Hathhorn, 166. Mo. 239; State v. Swearengin, 269 Mo. 185; State v. Drew, 213 S. W. 106; Sec. 5238, R, S. 1909; U. S. Constitution, 5th Amendment; State v. Bowman, 272 Mo. 500; State v. Goodwin, 271 Mo. 73; Art. II. sec. 23, Constitution of Missouri. The above rule was flagrantly…

1Opinion of the Court

On November 19, 1919, the grand jury of Hickory County, Missouri, returned into the circuit court of said county an indictment, charging therein that Frank Stokes, on or about the 15th of November, 1918, under a promise of marriage, did feloniously seduce and debauch Chloe Durnell, an unmarried female of good repute, and under twenty-one years of age, against the peace and dignity of the State.

On April 20, 1920, defendant Stokes waived formal arraignment under the indictment, pleaded not guilty, and entered upon a trial of said cause before a jury.

The testimony of prosecutrix, Chloe Durnell,…

2Cases cited16 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. State v. BarringtonSupreme Court of Missouri · 1906
  3. State v. BecknerSupreme Court of Missouri · 1906
  4. State v. AdkinsSupreme Court of Missouri · 1920
  5. State v. PfeiferSupreme Court of Missouri · 1916

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Fisher v. GunnSupreme Court of Missouri · 1954
  2. State v. BurchettSupreme Court of Missouri · 1957
  3. State v. AlexanderSupreme Court of Missouri · 1926
  4. State v. CoffmanSupreme Court of Missouri · 1950
  5. State v. HurleySupreme Court of Missouri · 1952

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