State v. Bobbitt
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. David H. Harris, Judge. (1) The trial court erred in- refusing to permit the attorneys for the defendant to fully cross-examine, the witnesses Noble Peacher and Eollie D. Kivett, the accomplices who testified for the State, and on whose testimony the State relied for a conviction. Wharton, Crim. Evidence (9 Ed.), sec. 444; Eapalje, Evidence, p. 416, sec. 252. (2) The court erred in giving instruction 2, on -the part of the State.
Read the full summary
Appeal from Boone Circuit Court. — Hon. David H. Harris, Judge. (1) The trial court erred in- refusing to permit the attorneys for the defendant to fully cross-examine, the witnesses Noble Peacher and Eollie D. Kivett, the accomplices who testified for the State, and on whose testimony the State relied for a conviction. Wharton, Crim. Evidence (9 Ed.), sec. 444; Eapalje, Evidence, p. 416, sec. 252. (2) The court erred in giving instruction 2, on -the part of the State. The theory on which the State tried the case was that there was a conspiracy between the defendant, Everett Bobbitt, and…
1Opinion of the Court
ROT, C.
On the night of March 18, 1907, fire was set to the house of Franklin Smith in Howard county, and Smith was shot and killed. The fire was extinguished without having done much damage to the building.
Information was filed against defendant and Joe Stewart, charging them with the offense of arson. A change of venue was taken to Boone county, where both were convicted of an attempt to commit arson, and on appeal this court reversed the judgment and remanded the cause. [State v. Bobbitt, 228 Mo. 252.]
There was a severance. Stewart was tried and acquitted, and the defendant on November 22,…
2Cases cited4 opinions
- State v. ScottSupreme Court of Missouri · 1903
- State v. BobbittSupreme Court of Missouri · 1910
- State v. WhiteSupreme Court of Missouri · 1865
- State v. LaceySupreme Court of Missouri · 1892
3Cited by10 opinions
- State v. GadwoodSupreme Court of Missouri · 1938
- Graves v. PurcellSupreme Court of Missouri · 1935
- State v. PopeSupreme Court of Missouri · 1936
- State v. SimonSupreme Court of Missouri · 1964
- State v. EverettSupreme Court of Missouri · 1970
5 more not listed; retrieve them via the Exa API.