Legal Opinion

State v. Simon

Supreme Court of Missouri

Decided July 15, 1872PublishedCited by 19 opinions

Appeal from Lawrence Circuit Court. From the statement furnished on behalf of appellant, it appears that Groetz said to witness Tobien, “Dear friend, I have to die, I received two mortal wounds, and they pain me a great deal,” and other words of similar import. The witness further testified that Goetz said to him, “In case I should die, I have a sister in Germany who has three children ; I have three hundred dollars, and I want her to have it.”

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Appeal from Lawrence Circuit Court. From the statement furnished on behalf of appellant, it appears that Groetz said to witness Tobien, “Dear friend, I have to die, I received two mortal wounds, and they pain me a great deal,” and other words of similar import. The witness further testified that Goetz said to him, “In case I should die, I have a sister in Germany who has three children ; I have three hundred dollars, and I want her to have it.” The court then asked him what he said, and he replied, “ When I die,” etc. I. The statement that the wounds were mortal is a matter of opinion, which…

1Opinion of the CourtWagner, Judge

The defendant was convicted in the court below of murder in the first degree, for killing one Anton Goetz. Many objections have been urged against the verdict and the ruling of the court •on the trial, but the only question which the record makes it necessary or material to notice is the action of the Circuit Court relating to the admission and exclusion of testimony. There is no force in the objection that error was committed in admitting testimony as to the place of Goetz’s death because no venue was laid in the indictment. The county was stated in the margin of *372the indictment, and that was…

2Cases cited2 opinions

  1. State v. BrockmanSupreme Court of Missouri · 1870
  2. Hawkins v. StateSupreme Court of Missouri · 1841

3Cited by19 opinions

  1. State v. PhillipsSupreme Court of Iowa · 1902
  2. State v. BeesskoveMontana Supreme Court · 1906
  3. State v. CarlisleSupreme Court of Missouri · 1874
  4. State v. NoctonSupreme Court of Missouri · 1894
  5. State v. McCanonSupreme Court of Missouri · 1872

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