State v. Martin
Supreme Court of Missouri
Appeal from Jackson Criminal Court.—Hon. John W. Wofford, Judge. (1) Lyle, being a codefendant, was not a competent witness against defendant. R. S. 1889, sec. 4217; State v. Martin, 74 Mo. 547. (2) The court erred in admitting the evidence as to what Stillwell said as to the person who cut him. Rex v. Benderfield, 14 Cox Crim.
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Appeal from Jackson Criminal Court.—Hon. John W. Wofford, Judge. (1) Lyle, being a codefendant, was not a competent witness against defendant. R. S. 1889, sec. 4217; State v. Martin, 74 Mo. 547. (2) The court erred in admitting the evidence as to what Stillwell said as to the person who cut him. Rex v. Benderfield, 14 Cox Crim. Cases; Railroad v. Becker, 128 111. 545; Adams v. Railroad, 74 Mo. 553; Railroad v. Mara, 26 Ohio St. 185; People v. Ah Sin, 60 Cal. 85; JDenton v. State, 1 Swan (Term.), 279; Roscoe’s Criminal Evidence, page 26; Walde v. Railroad, 95 N. T. 274; People v. Murphy, 101…
1Opinion of the CourtGantt, P. J.
At the September term, 1893, of the criminal court of Jackson county, at Kansas City, Philip Martin and Prank Lyle were jointly indicted for the murder of Eli Stillwell, by stabbing, on July 4, 1893. A severance was granted and the defendant herein, Philip Martin, was put upon his trial and the jury returned a verdict of murder in the first degree against him.
The defendant is a young negro man. Eli Stillwell was a white man, day laborer, and was married. He resided with his family at Seventeenth and Yine streets, *518Kansas City. On the fourth day of July, 1893, Still-well had been drinking until…
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