Legal Opinion

State v. Levy

Supreme Court of Missouri

Decided November 24, 1914PublishedCited by 20 opinions

Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) The court erred in permitting the introduc-' tion of illegal testimony and evidence against the defendant. , Sec. 6331, R. S. 1909; Sec. 905, U. S. Law, Appendix Mo. Stat. 1909; Barton v. Steel, 65 Mo. 611; Paca v. Dutton, 4 Mo. 371; Moyer v. Lyon, 38 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) The court erred in permitting the introduc-' tion of illegal testimony and evidence against the defendant. , Sec. 6331, R. S. 1909; Sec. 905, U. S. Law, Appendix Mo. Stat. 1909; Barton v. Steel, 65 Mo. 611; Paca v. Dutton, 4 Mo. 371; Moyer v. Lyon, 38 Mo. App. 635. (2) The court erred in permitting the State to offer in the presence and hearing of the jury, illegal evidence against the defendant, and in permitting the assistant circuit attorney to detail before the jury in his opening statement an alleged attempt to…

1Opinion of the CourtBrown, J.

Defendant was charged with stealing a pocketbook containing $61.65 from one Doctor Burke on January 7, 1914, and also with having previously been convicted of the crime of burglary in the State of West Virginia, and, having been found guilty as charged, was sentenced to serve a term of seven years in the penitentiary. After unavailing efforts' to secure a new trial and to arrest the judgment he appeals.

The evidence on the part of the State tends to prove the crime charged against defendant, and is substantially as follows:

Defendant was seen standing in front of the union depot in St. Louis,…

2Cases cited9 opinions

  1. State v. ConwaySupreme Court of Missouri · 1912
  2. State v. HortonSupreme Court of Missouri · 1913
  3. Walsh v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  4. State v. HessSupreme Court of Missouri · 1912
  5. People v. Wong Chong SueyCalifornia Supreme Court · 1895

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3Cited by20 opinions

  1. Hemphill v. StateSupreme Court of Missouri · 1978
  2. State v. FegerSupreme Court of Missouri · 1960
  3. State v. BerryMissouri Court of Appeals · 1975
  4. State v. HarrisSupreme Court of Missouri · 1972
  5. State v. CollinsSupreme Court of Missouri · 1915

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