State v. Lee
Supreme Court of Missouri
Appeal from Webster Circuit Court. — Hon. R. W. Eyan, Judge. At the trial defendant offered to prove by a witness that one Hayhurst, who was on friendly terms with Humphreys, in the November before Humphreys’ death, came to the witness and told him that Humphreys said to him, Hayhurst, that if Dick did not quit talking about him, he, Humphreys, would bring grief, sorrow and desolation on the “ hill.”
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Appeal from Webster Circuit Court. — Hon. R. W. Eyan, Judge. At the trial defendant offered to prove by a witness that one Hayhurst, who was on friendly terms with Humphreys, in the November before Humphreys’ death, came to the witness and told him that Humphreys said to him, Hayhurst, that if Dick did not quit talking about him, he, Humphreys, would bring grief, sorrow and desolation on the “ hill.” Defendant offered to prove that the Dick referred to was defendant, and that the hill referred to was the home of the witness, with whom defendant was living, and also to prove that Hayhurst told…
1Opinion of the CourtHenry, J.
— The defendant was indicted for the murder of George Humphreys on the 20th of January, 1875, and was convicted of manslaughter in the second degree. On the trial of the cause, Mrs. Humphreys, widow of the deceased, was called as a witness for the State, and after she had testified, the State, against objection of defendant, was permitted to read as evidence to the jury her testimony taken before the justice of the peace on the preliminary trial of the accused. It certainly needs neither argument nor citation of authorities to show that such evidence was inadmissible, and upon what principle…
2Cases cited1 opinion
- State v. KringSupreme Court of Missouri · 1877
3Cited by12 opinions
- State v. JacksonSupreme Court of Missouri · 1888
- State v. JohnsonSupreme Court of Missouri · 1882
- Gibson v. ZeibigMissouri Court of Appeals · 1887
- State v. BarksdaleSupreme Court of Louisiana · 1909
- State v. BrandenburgSupreme Court of Missouri · 1893
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