State v. Marcks
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. (1) The proper course to pursue is not to admit evidence, the competency and relevancy of which is not apparent until the competency or relevancy is disclosed by the subsequent evidence.
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Appeal from St. Louis Criminal Court. (1) The proper course to pursue is not to admit evidence, the competency and relevancy of which is not apparent until the competency or relevancy is disclosed by the subsequent evidence. State v. Thomas, 99 Mo. 235. (2) That on the eighth day of May, five weeks after the alleged assault, the defendant was suffering from gonorrhea, was not such a fact, either by itself or in connection with the fact that the prosecuting witness was then also suffering from the same disorder, as proved or rendered probable the existence or nonexistence of the fact that…
1Opinion of the CourtGantt, J.
The defendant was indicted at the May term, 1895, of the St. Louis Criminal Court, for rape alleged to have been committed by him upon one Nellie Berger, a female over the age of fourteen years, in the city of St. Louis on the first day of April, 1895. At the July term, 1895, he was duly arraigned and entered his plea of not guilty, was tried and convicted, and his punishment assessed at five years in the penitentiary. From sentence on said verdict he appeals.
The testimony developed that defendant was a brother-in-law of the prosecutrix, having married her sister on the twenty-sixth of…
2Cases cited18 opinions
- People v. . O'SullivanNew York Court of Appeals · 1887
- State v. HopeSupreme Court of Missouri · 1889
- Hickman v. GreenSupreme Court of Missouri · 1894
- Barnett v. StateSupreme Court of Alabama · 1887
- Quin v. . LloydNew York Court of Appeals · 1869
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3Cited by36 opinions
- State v. HameySupreme Court of Missouri · 1902
- State v. FoleySupreme Court of Missouri · 1898
- State v. WelchSupreme Court of Missouri · 1905
- State v. WiggerSupreme Court of Missouri · 1906
- Reeves v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
31 more not listed; retrieve them via the Exa API.