State v. Loney
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. J. M. Davis, Judge. The circuit court erred in excluding Ott as a witness for defendant. State v. Slaughter, 70 Mo. 484; State v. Booker, 71 Mo. 631; State v. Grant, 79 Mo. 113 ; 1 Black. Com., p. 90. The preponderance of judicial authority has always been in favor of the competency of one co-defendant to testify for another. State v. Allen, 10 Ohio St. 287 ; 1 Bishop Grim.
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Appeal from Carroll Circuit Court. — Hon. J. M. Davis, Judge. The circuit court erred in excluding Ott as a witness for defendant. State v. Slaughter, 70 Mo. 484; State v. Booker, 71 Mo. 631; State v. Grant, 79 Mo. 113 ; 1 Black. Com., p. 90. The preponderance of judicial authority has always been in favor of the competency of one co-defendant to testify for another. State v. Allen, 10 Ohio St. 287 ; 1 Bishop Grim. Proc., § 511; State v. Roberts, 15 Mo. 29. A convicted co-defendant, if not disabled for infamy, was always competent at common law. lie had no further any such interest in the…
1Opinion of the Court
Martin, C.
At the December term, 1882, of the circuit court of Carroll county, the defendant and one Jack Ott were indicted for a robbery charged to have been committed by them on the 10th of September, 1882. Jack Ott pleaded guilty and being found to be under the age of eighteen years, he was sentenced to imprisonment in the county jail for the term of one year. At a subsequent *84term, the trial of defendant came on. He offered as a witness in his behalf said Jack Ott, who was serving out his. sentence of imprisonment in the county jail. On objection of the prosecuting attorney the witness was…
2Cases cited3 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. MartinSupreme Court of Missouri · 1881
- State v. StottsSupreme Court of Missouri · 1858
3Cited by3 opinions
- Seligman v. RogersSupreme Court of Missouri · 1893
- Weller v. WeaverMissouri Court of Appeals · 1936
- Ex parte MarmadukeSupreme Court of Missouri · 1886