Legal Opinion

State v. Coleman

Supreme Court of Missouri

Decided February 2, 1905PublishedCited by 30 opinions

Appeal from Chariton Circuit Court.— Hon. John P. Butler, Judge. (1) The reading of the verdict of the coroner’s jury to witness Davenport was error. State v. Garth, 164 Mo. 553. The fact that the court permitted the verdict of the coroner’s jury to be read in the form of a question, and then sustained an objection by defendant, does not cure the error. It is like admitting incompetent evidence in a criminal case and then attempting to cure the error by instructions.

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Appeal from Chariton Circuit Court.— Hon. John P. Butler, Judge. (1) The reading of the verdict of the coroner’s jury to witness Davenport was error. State v. Garth, 164 Mo. 553. The fact that the court permitted the verdict of the coroner’s jury to be read in the form of a question, and then sustained an objection by defendant, does not cure the error. It is like admitting incompetent evidence in a criminal case and then attempting to cure the error by instructions. State v. Thomas, 99 Mo. 235; State v. Kuehner, 93 Mo. 193; State v. Fredericks & Reed, 85 Mo. 145; State v. Mix, 15 Mo. 153.…

1Opinion of the CourtBurgess, J.

— At the September term, 1903, of the circuit court of Chariton county the defendant was convicted of murder in the second degree, and his punishment fixed at twenty years’ imprisonment in the penitentiary, under an information filed in the circuit court of said county by the prosecuting attorney of said county charging him with having shot to death with a. pistol at said county on the eighth day of August, 1903, one Rufus Cox, against the peace and dignity of the State. Defendant appeals.

The facts, briefly stated, are, that at the time of the homicide the defendant was marshal of the town of…

2Cases cited12 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. State v. CantlinSupreme Court of Missouri · 1893
  3. Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
  4. State v. KelmSupreme Court of Missouri · 1883
  5. State v. McNallySupreme Court of Missouri · 1885

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3Cited by30 opinions

  1. City of Dothan v. HollowaySupreme Court of Alabama · 1986
  2. Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
  3. State v. WalkerSupreme Court of Missouri · 1972
  4. State v. MurphySupreme Court of Missouri · 1936
  5. State v. WashingtonSupreme Court of Missouri · 1912

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