State v. McDonough
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Geo. E. Shields, Judge. (1) It is error for an instruction to single out the defendant, or his wife, or any other witness, and practically warn the jury against the testimony of such witness.
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Appeal from St. Louis City Circuit Court. — Eon. Geo. E. Shields, Judge. (1) It is error for an instruction to single out the defendant, or his wife, or any other witness, and practically warn the jury against the testimony of such witness. Stetzler v. Railroad, 210 Mo. 712; Zander v. Railroad, 206 Mo. 461; Huff v. Railroad, 213 Mo. 515; Montgomery v. Railroad, 181 Mo. 477; Connor v. Railroad, 181 Mo. 415; Shepard v. Railroad, 189 Mo. 362. (2) The court erred in permitting Mrs. Mansfield to narrate a conversation between her and Mrs. McDonough, harmful to the defendant, and not .in his…
1Opinion of the CourtKennish, P. J.
The defendant was indicted in the city of St. Louis, charged with the crime of rape upon Virginia Mansfield, a female child under the age of fourteen years. Upon a plea of not guilty, he was tried and convicted of the offense of assault with intent to ravish, and his punishment assessed at imprisonment in the penitentiary for three years. Judgment was pronounced in accordance with the verdict and after taking the proper steps he appealed to this court.
The evidence for the State tended to prove the following facts:
At the time of the offense charged the defendant, a married man with a family…
2Cases cited11 opinions
- People v. . FlahertyNew York Court of Appeals · 1900
- State v. MaguireSupreme Court of Missouri · 1878
- State v. SimonSupreme Court of Missouri · 1872
- State v. WitherspoonSupreme Court of Missouri · 1910
- State v. DawsonSupreme Court of Missouri · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. AdamsCalifornia Supreme Court · 1939
- State v. HayesSupreme Court of Missouri · 1947
- State v. HodgesMissouri Court of Appeals · 1978
- People v. EwingCalifornia Court of Appeal · 1925
- State v. GoodwinSupreme Court of Missouri · 1933
10 more not listed; retrieve them via the Exa API.