Legal Opinion

State v. Rowe

Supreme Court of Missouri

Decided May 29, 1917PublishedCited by 10 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The trial court erred in permitting the prosecuting witness, Graham, oyer defendants’ objection, to state why he had not been employed in the last seven months before the-trial, and that three weeks after the robbery he was shot in the saloon, and that that was the reason why he had not been employed and had been in the hospital for four months.

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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The trial court erred in permitting the prosecuting witness, Graham, oyer defendants’ objection, to state why he had not been employed in the last seven months before the-trial, and that three weeks after the robbery he was shot in the saloon, and that that was the reason why he had not been employed and had been in the hospital for four months. (2) The trial court erred in giving instruction telling the jury that a defendant is a competent witness in his own behalf and his testimony should be weighed by the same…

1Opinion of the CourtFaris, J.

The defendants were tried jointly in the circuit court of the city of St. Louis for the crime of robbery in the first degree, and being by the jury found guilty had assessed against each of them as punishment impris*91omnent in the penitentiary for five years. . After the conventional motions they have perfected a joint appeal. With the two above named defendants one George Warrance was originally charged in the same information, but obtained a severance, and we need no longer trouble ourselves with his connection with the case.

The facts shown on the part of the State are brief, as are likewise…

2Cases cited2 opinions

  1. State v. FinkelsteinSupreme Court of Missouri · 1917
  2. State v. LevySupreme Court of Missouri · 1914

3Cited by10 opinions

  1. State v. LewisSupreme Court of Missouri · 1918
  2. State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1919
  3. Johnson v. Waverly Brick & Coal Co.Supreme Court of Missouri · 1918
  4. Kansas City Disinfecting & Manufacturing Co. v. Bates CountySupreme Court of Missouri · 1918
  5. State v. ClintonSupreme Court of Missouri · 1919

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