Legal Opinion

State v. Kilgore

Supreme Court of Missouri

Decided October 15, 1879PublishedCited by 44 opinions

Appeal from Audrain Circuit Court. — Hon. G. Porter, Judge. 1. It was the duty of the State to call as witnesses all who were eye-witnesses of the homicide. Mrs. Railey was, therefore properly a witness for the State, and-the State had no right to offer evidence to impeach her testimony. State v. Wingo, 66 Mo. 182 ; State v. Foster, 61 Mo. 558; Comm. v. Drum, 58 Pa. St. 9; Maher v. People, 10 Mich. 225; State v. Underwood, 57 Mo. 40; 1 Wharton Am. Crim.

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Appeal from Audrain Circuit Court. — Hon. G. Porter, Judge. 1. It was the duty of the State to call as witnesses all who were eye-witnesses of the homicide. Mrs. Railey was, therefore properly a witness for the State, and-the State had no right to offer evidence to impeach her testimony. State v. Wingo, 66 Mo. 182 ; State v. Foster, 61 Mo. 558; Comm. v. Drum, 58 Pa. St. 9; Maher v. People, 10 Mich. 225; State v. Underwood, 57 Mo. 40; 1 Wharton Am. Crim. Law, (6 Ed.) § 592; Roscoe’s Crim. Ev., (6 Am. Ed.) 1; U. S. v. Gibert, 2 Sumn. 19; Porter v. State, 1 Tex. Court of App. 894; Regina v.…

1Opinion of the Court

Henry, J. —

The defendant was indicted for the murder of Lorenzo D. Willingham, and at the June term, 1879, of the Audrain circuit court, was tried, found guilty of murder in the first degree and sentenced accordingly. There is a great mass of testimony — that on the part of the State tending to prove-the crime as alleged — that for the accused, a case of self-defense. It is not necessary, in this opinion,.to state the evidence, except so far as may be required in order to show the propriety of giving or refusing instructions, or admitting or excluding evidence.

*5511. witness: practice, criminal. *550Th…

2Cases cited3 opinions

  1. State v. BranstetterSupreme Court of Missouri · 1877
  2. State v. GreenSupreme Court of Missouri · 1877
  3. State v. SwainSupreme Court of Missouri · 1878

3Cited by44 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. State v. BrooksSupreme Court of Missouri · 1887
  3. State v. TaylorSupreme Court of Missouri · 1893
  4. State v. JamesSupreme Court of Missouri · 1961
  5. State v. ConwaySupreme Court of Missouri · 1912

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