Peck v. Chouteau
Supreme Court of Missouri
Appeal from At. Louis Oily Circuit Court. — ITon. W. H. Horner, Judge. (1) The indictment of witness, Engelke, some eight years before, in the United States court, should not have been admitted in evidence. It was not the record of the conviction of an infamous crime; it was, at best, but a method of proving a specific charge.
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Appeal from At. Louis Oily Circuit Court. — ITon. W. H. Horner, Judge. (1) The indictment of witness, Engelke, some eight years before, in the United States court, should not have been admitted in evidence. It was not the record of the conviction of an infamous crime; it was, at best, but a method of proving a specific charge. Seymour v. Farrell, 51 Mo. 97; State v. Breeden, 58 Mo. 507 ; State v. Shields, 18 Mo. 236. Proof of specific acts are not admissible to impeach the character of a’ witness. Conly V. Meeker, 83 N. Y. 618. (2) Indictment and sworn charges before a magistrate are not…
1Opinion of the CourtBlack, J.
This was an action for malicious prosecution, in which Charles P. Chouteau, John M. Glover, and Joseph H. Livingston were made defendants. The cause was dismissed as to Livingston. Yerdict and Judgment for the defendants, from which the plaintiff appealed.
The substantial averments of the first count are, that, on the eighteenth of July, 1882, the plaintiff was indicted upon a charge of fraudulent conspiracy with Engelke and Barrett to defraud Alice Livingston and others interested in a corporation known as the Windsor Hotel Company; that he was arrested on the twenty-sixth of July, 1882, and…
2Cases cited7 opinions
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Barron v. MasonSupreme Court of Vermont · 1858
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
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3Cited by37 opinions
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