State v. Hyder
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. G. H. Skinker, Judge. (1) The court refused to allow defendant to testify relative to Abbott’s testimony in a pistol case, wherein defendant herein was defendant. Abbott’s attitude in that case would tend to show his animus in this, and the evidence was competent. (2) The giving of instruction 5 was error.
Read the full summary
Appeal from Greene Circuit Court. — Hon. G. H. Skinker, Judge. (1) The court refused to allow defendant to testify relative to Abbott’s testimony in a pistol case, wherein defendant herein was defendant. Abbott’s attitude in that case would tend to show his animus in this, and the evidence was competent. (2) The giving of instruction 5 was error. The court singled out the defendant and his wife and warned the jury against them. '¡-The jury are told that the testimony of defendant and his wife is to be weighed by the same rules that govern the testimony of other witnesses and then that the…
1Opinion of the Court
BROWN, J. —
Convicted of the crime of assault with intent to kill, as denounced by section 4481, Eevised Statutes 1909, defendant appeals from a judgment fixing his punishment at five years in the penitentiary.
The information, which is legally sufficient, charges that defendant, with malice aforethought, shot at, with intent to kill, one Walter Abbott, on May 21, 1912.
For several years prior to the commission of the alleged offense the defendant resided on a farm near Pearl station in Greene county, Missouri. During that time Walter Abbott, the prosecuting witness, resided on an adjoining*…
2Cases cited37 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State v. YoungSupreme Court of Missouri · 1889
- State v. WhitsettSupreme Court of Missouri · 1911
- State v. HortonSupreme Court of Missouri · 1913
- State v. MixSupreme Court of Missouri · 1851
32 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. DaySupreme Court of Missouri · 1936
- State v. BurgessSupreme Court of Missouri · 1914
- State v. EvansSupreme Court of Missouri · 1916
- State v. FinkelsteinSupreme Court of Missouri · 1917