Legal Opinion

State v. Gesell

Supreme Court of Missouri

Decided November 5, 1894PublishedCited by 20 opinions

Appeal from St. Louis Criminal Cowrt.—Hon. H. L. Edmunds, Judge. (1) The court committed error in excluding the inquiry, in her cross-examination, into Mrs. G-laze-brook’s previous character. Muller v. Association, 5 Mo. App. 401; Bing v. Jamison, 2 Mo. App. 591; s. c., 73 Mo. 242; State v. Baven, 115 Mo. 423. (2) The court erred in refusing to permit the witness Furber to testify because he remained in the court room after the order of exclusion.

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Appeal from St. Louis Criminal Cowrt.—Hon. H. L. Edmunds, Judge. (1) The court committed error in excluding the inquiry, in her cross-examination, into Mrs. G-laze-brook’s previous character. Muller v. Association, 5 Mo. App. 401; Bing v. Jamison, 2 Mo. App. 591; s. c., 73 Mo. 242; State v. Baven, 115 Mo. 423. (2) The court erred in refusing to permit the witness Furber to testify because he remained in the court room after the order of exclusion. Keith v. Wilson, 6 Mo. 441; Dyer v. Morris, 4 Mo. 214; O’ Bryan v. Allen, 95 Mo. 74; 1 Wharton on Evidence, sec. 491. “ A witness who disobeys such…

1Opinion of the CourtShebwood, J.

This appeal is the result of the defendant being tried on the charge of manslaughter in the fourth degree, resulting in his punishment being assessed at a fine of $500. He was indicted with three others, Arthur E. Furber being one of his co-indictees, and Seth 0. Wilkins being the victim of the crime, a brutal assault, during which Wilkins was so struck by one of a party, of four men, who were pursuing him, that he fell in the street, and died in two days thereafter. It does not appear Wilkins resisted or attempted to resist the assault. • The defendants applied for a severance, and a…

2Cases cited4 opinions

  1. State v. HouxSupreme Court of Missouri · 1891
  2. State v. ParkerSupreme Court of Missouri · 1888
  3. Keith v. WilsonSupreme Court of Missouri · 1840
  4. O'Bryan v. AllenSupreme Court of Missouri · 1888

3Cited by20 opinions

  1. Rowe v. StateSupreme Court of Florida · 1935
  2. State v. TeeterSupreme Court of Missouri · 1912
  3. State v. PhillipsSupreme Court of Missouri · 1911
  4. Commonwealth v. CrowleyMassachusetts Supreme Judicial Court · 1897
  5. Brandon v. HolmanCourt of Appeals for the Fourth Circuit · 1930

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