Legal Opinion

State v. Miller

Supreme Court of Missouri

Decided October 14, 1905PublishedCited by 12 opinions

Appeal from St. Louis City Circuit Court.— Hon. Jesse A. McDonald, Judge. Section 2637, Bevised Statutes 1899, provides, among other things, that no person on trial shall he required to testify; that any such person may at his option testify in Ms own behalf, and ‘ ‘ shall be liable to cross-examination as to any matter referred to in his examination in chief and may be contradicted and impeached as any other witness in the case. ’ ’ If ever a record filed in this court…

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Appeal from St. Louis City Circuit Court.— Hon. Jesse A. McDonald, Judge. Section 2637, Bevised Statutes 1899, provides, among other things, that no person on trial shall he required to testify; that any such person may at his option testify in Ms own behalf, and ‘ ‘ shall be liable to cross-examination as to any matter referred to in his examination in chief and may be contradicted and impeached as any other witness in the case. ’ ’ If ever a record filed in this court presents a flagrant violation of that statute, it is the case at bar. State v. Turner, 166 Mo. 350; State v. Hathorn, 166…

1Opinion of the CourtGantt, J.

This is an appeal from a judgment of the circuit court in the city of St. Louis. The defendant was indicted, along with John P. Collins and S. J. Tennant, on May 29, 1903, for aiding and assisting in making and establisMng as a business and avocation, in the city of St. Louis, a certain lottery and scheme of drawing in the nature of a lottery, known as the Mexican Lottery. There were three counts in the indictment, but the prosecuting attorney dismissed as to the first and third and elected to proceed on the second which is in the following words:

“And the grand jurors aforesaid, upon their…

2Cases cited15 opinions

  1. People v. MullingsCalifornia Supreme Court · 1890
  2. State v. DeWittSupreme Court of Missouri · 1905
  3. State v. PomeroySupreme Court of Missouri · 1895
  4. State v. AverySupreme Court of Missouri · 1893
  5. State v. MillerSupreme Court of Missouri · 1900

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

3Cited by12 opinions

  1. State v. DavisSupreme Court of Missouri · 1972
  2. State v. ScownSupreme Court of Missouri · 1958
  3. State v. BarbataSupreme Court of Missouri · 1935
  4. State v. KaufmanSupreme Court of Missouri · 1953
  5. State v. WilliamsMissouri Court of Appeals · 1975

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

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