State v. Clein
Missouri Court of Appeals
Appeal from. Greene Circuit Court. — Hon. John T. Moore, Special Judge. (1) Tlie court erred in admitting testimony to the effect that the place where defendants were arrested was commonly called a gambling house. It is not admissible to prove the character of a house by general reputation, or common rumor. Kelley’s Criminal Law ,(2 Ed.), 956; 6 Ency. of Evidence, 199; Wharton on Criminal Evidence, (9 Ed.), secs. 260 and 261; Loehner v. Ins.
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Appeal from. Greene Circuit Court. — Hon. John T. Moore, Special Judge. (1) Tlie court erred in admitting testimony to the effect that the place where defendants were arrested was commonly called a gambling house. It is not admissible to prove the character of a house by general reputation, or common rumor. Kelley’s Criminal Law ,(2 Ed.), 956; 6 Ency. of Evidence, 199; Wharton on Criminal Evidence, (9 Ed.), secs. 260 and 261; Loehner v. Ins. Co., 17 Mo. 258; In re Imboden, 128 Mo. App. 573. (2) It was highly improper and prejudicial to the rights of defendants for the court to permit the…
1Opinion of the CourtNixon, P. J.
Appellants were tried and convicted upon an information charging them with having played a game of poker for money and property and have appealed. The evidence consists of the testimony of the four officers who made the arrests and tended to show that on the afternoon of August 15, 1910, the officers went to a room over the Frisco Barber Shop on Commercial street in the city of Springfield; that two of the officers went up the front stairway and two went up the back stairway; that officer Walsh pressed an electric button at the front door and was asked by a man inside, “Who is there?” Walsh…
2Cases cited3 opinions
- State v. CrabtreeSupreme Court of Missouri · 1902
- City of St. Louis v. SullivanMissouri Court of Appeals · 1880
- State v. BrooksMissouri Court of Appeals · 1902