State v. Pruett
Supreme Court of Missouri
Appeal from Pulaski Circuit Court. — Hon. L. B. Woodside, Judge. (1) The court erred in permitting witness James Buckner to testify to alleged declarations of Chas. Pruett (the father of defendant) for the reason the same' was hearsay and not made under the oath of Chas. Pruett. Dunn v. Altman, 50 Mo. App. 231; Dwilap v. Elks Club, 25 Mo.
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Appeal from Pulaski Circuit Court. — Hon. L. B. Woodside, Judge. (1) The court erred in permitting witness James Buckner to testify to alleged declarations of Chas. Pruett (the father of defendant) for the reason the same' was hearsay and not made under the oath of Chas. Pruett. Dunn v. Altman, 50 Mo. App. 231; Dwilap v. Elks Club, 25 Mo. App. 181; State v. Grate, 105 Mo. 121; State v. Rider, 90 Mo. 54. (2) Evidence that the defendant remained silent while being charged with a crime is not admissible on trial. State v. Murry, 126 Mo. 611. The record does not disclose illegal or improper…
1Opinion of the CourtSherwood, J.
Grime, incest. Indictment, usual form. Venue, Pulaski county.- Trial, with evidence pro and con. Punishment, two years in the penitentiary. These are the salient features of this salacious record.
1. Evidence was admitted on behalf of the State showing that in June, 1894, Hugh Crisman saw defendant and his half-sister, Laura Pruett, on the bed in their father’s house, and in such a position that indicated that they were indulging in sexual intercourse. After this the witness was allowed to testify over the objections of defendant that subsequent to the time that he saw Laura Pruett on the bed…
2Cited by7 opinions
- State v. HortonSupreme Court of Missouri · 1913
- State v. DarlingSupreme Court of Missouri · 1907
- State v. DaySupreme Court of Missouri · 1936
- People v. StisonMichigan Supreme Court · 1905
- State v. HyderSupreme Court of Missouri · 1914
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