State v. Leabo
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. Jas. B. • Gantt, Judge. (1) The court erred in permitting the witness, T. J. Wilson, to testify: “I had been called to Mr. Leabo s the Sunday previous. I heard that he was having trouble with his wife. Defendant wanted to know if he could get rid of his wife and keep the baby.” Part of it was heresay and clearly incompetent, and the error was not cured by withdrawing it after it had once poisoned the minds of the jury.
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Appeal from Butler Circuit Court. — Hon. Jas. B. • Gantt, Judge. (1) The court erred in permitting the witness, T. J. Wilson, to testify: “I had been called to Mr. Leabo s the Sunday previous. I heard that he was having trouble with his wife. Defendant wanted to know if he could get rid of his wife and keep the baby.” Part of it was heresay and clearly incompetent, and the error was not cured by withdrawing it after it had once poisoned the minds of the jury. State v. Baubert, 42 Mo. 246; State v. Hopper, 71 Mo. 425. It was error to permit non-expert witnesses to testify that “the marks on…
1Opinion of the CourtHenby, C. J.
-The defendant was indicted at the June term, 1884, of the Bates circuit court, charged with the murder of his wife on the 19th of December, 1883. The trial occurred at the same term and he was found guilty as charged and has appealed to this court. Without detailing the evidence it is sufficient to say that although exclusively of a circumstantial nature, it is sufficient to sustain the verdict of the jury, and the only questions, therefore, which we shall consider relate to an instruction given for the state and the exclusion of evi-' dence offered by defendant.
There was evidence tending to…
2Cited by11 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- State v. MoxleySupreme Court of Missouri · 1890
- State v. SoperSupreme Court of Missouri · 1899
- State v. PunshonSupreme Court of Missouri · 1894
- Chambliss v. United StatesCourt of Appeals for the Eighth Circuit · 1914
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