State v. Devlin
Missouri Court of Appeals
Appeal from St. Louis Criminal Court. The declaration of the deceased, not being a part of the res gestas nor made in articulo mortis, was incompetent.— The State v. Simeon, 50 Mo. 370'; The Stale v. McCurran, 51 Mo. 160; McMillan v. The State, 13 Mo. 27 ; The State v. Dominique, 30 Mo. 585; The State v. Sloan, 47 Mo. 604; Ladd v. Gozzens, 35 Mo. 516 ; Brownell v. Railroad Go, 47 M'o. 239 ; The State v. Brown, 64 Mo. 371. It was error to admit the defendant’s affidavit, no…
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Appeal from St. Louis Criminal Court. The declaration of the deceased, not being a part of the res gestas nor made in articulo mortis, was incompetent.— The State v. Simeon, 50 Mo. 370'; The Stale v. McCurran, 51 Mo. 160; McMillan v. The State, 13 Mo. 27 ; The State v. Dominique, 30 Mo. 585; The State v. Sloan, 47 Mo. 604; Ladd v. Gozzens, 35 Mo. 516 ; Brownell v. Railroad Go, 47 M'o. 239 ; The State v. Brown, 64 Mo. 371. It was error to admit the defendant’s affidavit, no foundation having been laid for it. — The State v. Bllcins, 63 Mo. 165 ; Preioet v, Martin, 59 Mo. 325; Kitchen v.…
1Opinion of the CourtLewis, P. J.
The defendant was indicted for the murder of Lillie Hammer, by shooting her with a pistol. He was found guilty of murder in the second degree, and sentenced to imprisonment in the penitentiary for twelve years.
*33The testimony tended to show that the defendant and a companion, both being soldiers in the United States regular service, and on a temporary leave of absence, visited a house of prostitution kept by one Minnie Kriedler, and there became involved in a dispute with the deceased and another loose woman, about a small sum of money. There was some conflict in the testimony as to the…
2Cases cited11 opinions
- State v. StarrSupreme Court of Missouri · 1866
- Stephens v. . the PeopleNew York Court of Appeals · 1859
- State v. ElkinsSupreme Court of Missouri · 1876
- State v. HamiltonSupreme Court of Missouri · 1874
- Clapp v. WilsonNew York Supreme Court · 1848
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3Cited by3 opinions
- People v. . HughsonNew York Court of Appeals · 1897
- Fourth National Bank v. NicholsMissouri Court of Appeals · 1891
- Fulkerson v. MurdockMissouri Court of Appeals · 1893