State v. Partlow
Supreme Court of Missouri
Appeal from Buehanan Criminal Court. — Hon. Silas Woodson, Judge, (1) The declarations of a deceased person, made in articulo mortis, are competent and admissible. State v. McMillen, 18 Mo. 30; 1 Grreenleaf on Evidence, sec. 158. (2) Admission in evidence of threats made by a defendant against the life of a person a legal stranger to deceased is error. (3) Absence from the court room by the judge during the argument of the state’s attorney in a capital case is error.
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Appeal from Buehanan Criminal Court. — Hon. Silas Woodson, Judge, (1) The declarations of a deceased person, made in articulo mortis, are competent and admissible. State v. McMillen, 18 Mo. 30; 1 Grreenleaf on Evidence, sec. 158. (2) Admission in evidence of threats made by a defendant against the life of a person a legal stranger to deceased is error. (3) Absence from the court room by the judge during the argument of the state’s attorney in a capital case is error. (4) To prevent a defendant from availing himself of the plea of self-defence because he voluntarily entered into a difficulty,…
1Opinion of the Court
Sherwood, J. —
The defendant was indicted for the murder of William J. Taylor, by shooting him with a pistol, and being brought to trial, was convicted of the second degree of that crime, and sentenced to imprisonment in the penitentiary for ten years. As is usual in-such cases, there was a great deal of conflict in the testimony, the state making out a case which indicated that a felonious purpose actuated the defendant in visiting the house of Taylor on the day of the homicide, while the testimony on behalf of the defendant, and, it would seem, the weight of the testimony in the case,…
2Cases cited9 opinions
- State v. StarrSupreme Court of Missouri · 1866
- Adams v. PeopleIllinois Supreme Court · 1868
- State v. HaysSupreme Court of Missouri · 1856
- Atkins v. StateSupreme Court of Arkansas · 1855
- State v. BanksSupreme Court of Missouri · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- People v. MaughsCalifornia Supreme Court · 1906
- State v. WilliamsSupreme Court of Missouri · 1935
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. GilmoreSupreme Court of Missouri · 1888
73 more not listed; retrieve them via the Exa API.