State v. McMullin
Supreme Court of Missouri
Appeal from Clay Circuit Court . — Hon. J. W. Alexander, Judge. (1) The dying declaration of the deceased with the affidavit attached thereto should not have been admitted in evidence, and especially over the objection of the defendant, as the affidavit was in nowise a part of the res gestae and had no connection whatever with the circumstances of the killing, but was only calculated to impress the minds of the jurors with undue weight and solemnity as to such dying…
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Appeal from Clay Circuit Court . — Hon. J. W. Alexander, Judge. (1) The dying declaration of the deceased with the affidavit attached thereto should not have been admitted in evidence, and especially over the objection of the defendant, as the affidavit was in nowise a part of the res gestae and had no connection whatever with the circumstances of the killing, but was only calculated to impress the minds of the jurors with undue weight and solemnity as to such dying declaration. And again, Dr. T. N. Bogard, physician of -deceased, was permitted by the court, over the objection of the…
1Opinion of the CourtSherwood, P. J.
Twenty years in the penitentiary was the term of imprisonment awarded defendant for shooting to death with a revolver Albert S. Chambers on December 3, 1900, the jury having-found defendant guilty of murder in the second degree, when put upon his trial for the first degree of that crime.
The substance and effect of the testimony will be found adduced in the following statement and such additions as have been made thereto :
*613The tragedy occurred on the sidewalk at the southeast corner of Broadway and Marietta streets in the city of Excelsior Springs, the same being the northwest corner of what is…
2Cases cited7 opinions
- State v. StarrSupreme Court of Missouri · 1866
- State v. CantlinSupreme Court of Missouri · 1893
- State v. HolmeSupreme Court of Missouri · 1873
- State v. EllisSupreme Court of Missouri · 1881
- State v. FosterSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. RascoSupreme Court of Missouri · 1912
- State v. DavisSupreme Court of Missouri · 1966
- State v. OliverSupreme Court of Missouri · 1978
- State v. PhillipsSupreme Court of Missouri · 1911
- State v. GatlinSupreme Court of Missouri · 1902
14 more not listed; retrieve them via the Exa API.