Legal Opinion

State v. Speyer

Supreme Court of Missouri

Decided March 6, 1906PublishedCited by 10 opinions

Appeal from Jackson Circuit Court. — -No». Jno. W. Wo ford, Judge. (1) The right to attach an affidavit made on information and belief, without venue or seal, without notice to defendant, and without re-arraignment, which is the only way to inform a defendant, is most seriously questioned. (2) The court erred in ruling out the question asked Dr. McDonald, bn cross-examination. State v. Speyer, 182 Mo. 92; 3 Witt. & B. Med.

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Appeal from Jackson Circuit Court. — -No». Jno. W. Wo ford, Judge. (1) The right to attach an affidavit made on information and belief, without venue or seal, without notice to defendant, and without re-arraignment, which is the only way to inform a defendant, is most seriously questioned. (2) The court erred in ruling out the question asked Dr. McDonald, bn cross-examination. State v. Speyer, 182 Mo. 92; 3 Witt. & B. Med. Jur., p. 189. (1) The verification is not ‘£ a part of the information, but a step directed to be taken in aid of it, . . neither is the sufficiency of the information…

1Opinion of the CourtFox, J.

This cause is here by appeal from a judgment in the criminal court of Jackson county, Missouri, convicting the defendant of murder of the first degree. The indictment upon which this judgment of conviction rests charges the defendant with feloniously, willfully, premeditatedly, deliberately and with malice aforethought killing one Freddie Speyer, a son of the defendant, aged about five or six years, on thé 16th of July, 1902, at Kansas City, Missouri.

This is the second appeal of this ease and it is conceded by both appellant and respondent that the facts as developed at the trial of this…

2Cases cited8 opinions

  1. Ford v. StateSupreme Court of Alabama · 1882
  2. State v. KlingerSupreme Court of Missouri · 1870
  3. State v. SoperSupreme Court of Missouri · 1899
  4. Crowe v. PetersSupreme Court of Missouri · 1876
  5. State v. BryantSupreme Court of Missouri · 1887

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. HurdWashington Supreme Court · 1940
  2. State v. TarwaterSupreme Court of Missouri · 1922
  3. State v. LioliosSupreme Court of Missouri · 1920
  4. State v. JacksonSupreme Court of Missouri · 1940
  5. Lee v. UllerySupreme Court of Missouri · 1940

5 more not listed; retrieve them via the Exa API.

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