Vawter v. Hultz
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. John A. Hookadat, Judge. . (1) Where intent is an essential element to constitute the act of defendant unlawful and wrongful, it. is competent for defendant, as a witness, to state his. intent and motive in doing the act.
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Appeal from Randolph Circuit Court. — Hon. John A. Hookadat, Judge. . (1) Where intent is an essential element to constitute the act of defendant unlawful and wrongful, it. is competent for defendant, as a witness, to state his. intent and motive in doing the act. Nichols v. Winfrey, 79 Mo. 544; Thurston v. Cornell, 38 N. Y. 281; State v. Banks, 73 Mo. 592, and authorities cited; Kerrains v. People, 60 N. Y. 221, and authorities cited; Court-land Co. v. Herkimer Co., 44 N. Y. 22; Moore v. [Davis, 49 N. H. 45; Vansickle v. Brown, 68 Mo. 627; Fisk v. Chester, 8 Gray, 506; Thacher v. Phinney, 7…
1Opinion of the CourtBrace, J.
This is an appeal by the defendant from a judgment of the circuit court of Randolph county in favor of the plaintiff for the sum of $5,000 *636damages assessed by a jury against the defendant in an action brought by the plaintiff in the circuit court of Boone county against him for wrongfully killing her husband, Allen Vawter, and by the defendant taken thence to Randolph county by change of venue. The homicide was committed on the seventh of May, 1888. The defendant was criminally prosecuted therefor, and found guilty of murder in the second degree in the Boone circuit court, and on appeal to…
2Cases cited5 opinions
- Dudley v. McCluerSupreme Court of Missouri · 1877
- Gutzwiller v. LackmanSupreme Court of Missouri · 1856
- Borders v. BarberSupreme Court of Missouri · 1884
- State v. HultzSupreme Court of Missouri · 1891
- Rogers v. Troost's Admr.Supreme Court of Missouri · 1873
3Cited by25 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Black v. EpsteinSupreme Court of Missouri · 1909
- Parker v. WallaceSupreme Court of Missouri · 1968
- Perkins v. FieldingSupreme Court of Missouri · 1893
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