State v. Ethridge
Supreme Court of Missouri
Appeal from Barry Circuit Court. — Now. N. C. Pepper. Judge. (1) Trial courts should abstain from comments upon the evidence in presence of the jury. State v. Findley, 101 Mo. 224; Hackmann v. Gutweiler, 66 Mo. App. 244. (2) “On the trial of one charged with felonious assault it is error to admit evidence of a previous difficulty between the party alleged to have been assaulted and the brother of defendant, where the defendant was in no way connected with it.”
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Appeal from Barry Circuit Court. — Now. N. C. Pepper. Judge. (1) Trial courts should abstain from comments upon the evidence in presence of the jury. State v. Findley, 101 Mo. 224; Hackmann v. Gutweiler, 66 Mo. App. 244. (2) “On the trial of one charged with felonious assault it is error to admit evidence of a previous difficulty between the party alleged to have been assaulted and the brother of defendant, where the defendant was in no way connected with it.” State v. Clayton, 100 Mo. 516; State v. Parker, 96 Mo. 382; State v. Tabor, 95 Mo. 585; State v. Jackson, 95 Mo. 623. (3) Defendant…
1Opinion of the CourtGantt, J.
This prosecution was commenced in the Barry County Circuit Court by information filed by the prosecuting attorney, wherein the defendant and his brother, Ella Ethridge, were charged with a felonious assault upon Mrs. M. E. Wilson, with a stick of sawed timber, three feet long, two inches wide and two inches thick, with intent to kill said Mrs. M. E. Wilson. The information is duly verified. The defendant was found-guilty and his punishment assessed at imprisonment in the penitentiary for two years. After ineffectual motions for a new trial and in arrest of judgment, he appealed to this court.
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2Cases cited2 opinions
- State v. YoungSupreme Court of Missouri · 1889
- State v. MurraySupreme Court of Missouri · 1895
3Cited by1 opinion
- State v. FleetwoodMissouri Court of Appeals · 1910