State v. Witten
Supreme Court of Missouri
Appeal from Grundy Circuit Court.—Hon. G. D. Burgess, Judge. (1) The defendant’s ninth instruction is identical with the instruction approved by this court in the case of the State v. Wilson, 91 Mo. 410-412, and ought to have been given. 3 Greenleaf on Ev., sec 212; Roscoe’s Crim. Ev. [7 Ed.] 879; 2 Starkie on Ev. [6 Ed.] side page 700; Kelly’s Crim. Law, sec. 508; 1 Whart. Crim. Law [9 Ed.] sec. 565; Whart. Crim. Ev., sec. 273; Maillet v. People, 3 Am. Crim.
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Appeal from Grundy Circuit Court.—Hon. G. D. Burgess, Judge. (1) The defendant’s ninth instruction is identical with the instruction approved by this court in the case of the State v. Wilson, 91 Mo. 410-412, and ought to have been given. 3 Greenleaf on Ev., sec 212; Roscoe’s Crim. Ev. [7 Ed.] 879; 2 Starkie on Ev. [6 Ed.] side page 700; Kelly’s Crim. Law, sec. 508; 1 Whart. Crim. Law [9 Ed.] sec. 565; Whart. Crim. Ev., sec. 273; Maillet v. People, 3 Am. Crim. Rep. 379-382 and note page 382, with citations; Whart. Crim. Law [7 Ed.] sec. 1149-1150. (2) The court erred in refusing to grant…
1Opinion of the CourtBlack, J.
The defendant was indicted, tried and convicted of rape in the Grundy circuit court in the month of March, 1887.
The prosecuting witness, Mattie Moore, had been a member of the family of John Witten, the father of defendant, Reece Witten, for five or six years before the outrage, which she says was committed after harvest, in 1885. She was then sixteen or seventeen and the defendant twenty-four or twenty-five years old. There were two second-story rooms in the house, one occupied by her as a bed room, and the other by defendant. The old folks left home on Friday and returned on the following…
Also in this document: Concurrence.
2Cases cited9 opinions
- State v. PaytonSupreme Court of Missouri · 1886
- State v. GriffinSupreme Court of Missouri · 1885
- State v. MurraySupreme Court of Missouri · 1886
- Chouquette v. BaradaSupreme Court of Missouri · 1859
- Jones v. JonesSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. GoodaleSupreme Court of Missouri · 1908
- State v. PatrickSupreme Court of Missouri · 1891
- People v. RichMichigan Supreme Court · 1927
- Cosgrove v. LeonardSupreme Court of Missouri · 1896
- Champagne v. HameySupreme Court of Missouri · 1905
6 more not listed; retrieve them via the Exa API.