State v. Earnest
Supreme Court of Missouri
Appeal from Cedar Circuit Court. — Hon. John D. Parkinson, Judge. I. After the court bad permitted Hardy and Lindsey to testify, it certainly erred in refusing to allow defendant to provo their testimony false.
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Appeal from Cedar Circuit Court. — Hon. John D. Parkinson, Judge. I. After the court bad permitted Hardy and Lindsey to testify, it certainly erred in refusing to allow defendant to provo their testimony false. This refusal cannot be justified by saying that it was immaterial where Robertson was; he was an alleged accomplice and co-conspirator Besides, the witnesses swore that they knew Robertson better than Earnest, and if they were mistaken as to one, they were likely to be mistaken as to the other. The testimony of these two witnesses was very severe upon defendant, and he should have been…
1Opinion of the Court
Henry, J. —
At the September term, 1879, of the Cedar circuit court, the defendant and James Robertson and T. B. Hopper, were indicted for the murder of Samuel 0. Ham. He had a separate trial and was found guilty of murder in the first degree, and from the judgment on the verdict has appealed.
The evidence for the State tended strongly to prove the charge alleged in the indictment, and conclusively proved, that three persons went to deceased’s house to rob him, and that one of them shot him while he was attempting to escape from them. Whether the accused was one of those persons was the only…
2Cited by11 opinions
- State v. HopkirkSupreme Court of Missouri · 1884
- Morgan v. StateNebraska Supreme Court · 1897
- State v. HopperSupreme Court of Missouri · 1880
- State v. GloverSupreme Court of Missouri · 1932
- State v. SextonSupreme Court of Missouri · 1898
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