State v. Birks
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. F. C. Johnston, Judge. (1) The court committed error in permitting the witness Dr. Russell to testify to the statement made to him by the deceased, because the same was not part of the res gestae and was not competent.
Read the full summary
Appeal from Lawrence Circuit Court. — Hon. F. C. Johnston, Judge. (1) The court committed error in permitting the witness Dr. Russell to testify to the statement made to him by the deceased, because the same was not part of the res gestae and was not competent. State v. Hendricks, 172 Mo. 654; State v. Snell, 78 Mo. 240; State v. Feary, 172 Mo. 213. The statement was not admissible as. a dying declaration for the reason the evidence does not show deceased made the same under the belief of impending death and that he was without hope of recovery. State v. Simon, 50 Mo. 370; State v. Partlow,…
1Opinion of the CourtFox, J.
This cause is brought here upon appeal by the defendant from a judgment of conviction in the circuit court of Lawrence county for murder of the second degree. The information upon which this prosecution is predicated, omitting caption and formal parts, is as follows:
*265“D. H. Kemp, prosecuting attorney within and for the county of Barry, in the State of Missouri, acting herein under his oath of office and upon his knowledge, information and belief, informs the court, that, Harry Birks, on the 9th day of March, A. D. 1905, at.and in the county of Barry and State of Missouri, then and there being,…
2Cases cited5 opinions
- State v. FurgersonSupreme Court of Missouri · 1899
- State v. WoodwardSupreme Court of Missouri · 1905
- State v. BrownSupreme Court of Missouri · 1902
- State v. WilliamsSupreme Court of Missouri · 1904
- State v. JonesSupreme Court of Missouri · 1896
3Cited by16 opinions
- State v. DownsSupreme Court of Missouri · 1980
- State v. KenyonSupreme Court of Missouri · 1939
- State v. BrooksSupreme Court of Missouri · 1974
- State v. StringerSupreme Court of Missouri · 1948
- State v. StegnerSupreme Court of Missouri · 1918
11 more not listed; retrieve them via the Exa API.