State v. Dougherty
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — TLon. Benjamin J. Klene, Judge. (1) The court erred in admitting as a part of the dying declaration the statements by the deceased denunciatory of the shooting of him, to the effect that “it was a shame to shoot a man that way, ’ ’ etc. Only statements of what occurred were competent.
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Appeal from St. Louis City Circuit Court. — TLon. Benjamin J. Klene, Judge. (1) The court erred in admitting as a part of the dying declaration the statements by the deceased denunciatory of the shooting of him, to the effect that “it was a shame to shoot a man that way, ’ ’ etc. Only statements of what occurred were competent. State v. Brown, 188 Mo. 451; State v. Kelleher, 201 Mo. 614; 16 C. J. p. 843, sec. 2314 (3). (2) The instruction given upon the theory of the killing being done in the execution of a conspiracy was faulty in not putting to the jury the converse, based upon the…
1Opinion of the Court
WALKER, J.-
Defendant was indicted by the grand jury of the City of St. Louis, together with three others, for murder in the first degree in having shot and killed Henry Becker. A severance was granted and defendant was tried, convicted and sentenced to life imprisonment in the penitentiary. From this judgment he appeals.
Henry Becker was returning to his home on the corner of Compton and Russell avenues in the City of St. Louis at a little before nine o’clock on the night of April 14, 1919. He had alighted from his automobile opposite his residence, the chauffeur had left, and Becker was about…
2Cases cited7 opinions
- Kirkland v. Bixby.Supreme Court of Missouri · 1920
- State v. RutherfordSupreme Court of Missouri · 1899
- State v. ColvinSupreme Court of Missouri · 1910
- State v. KelleherSupreme Court of Missouri · 1907
- State v. LockettSupreme Court of Missouri · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. NaselloSupreme Court of Missouri · 1930
- State v. MessinoSupreme Court of Missouri · 1930
- State v. FraleySupreme Court of Missouri · 1938
- State v. LedbetterSupreme Court of Missouri · 1933
- State v. BryantSupreme Court of Missouri · 1964
10 more not listed; retrieve them via the Exa API.