Legal Opinion

State v. Avery

Supreme Court of Missouri

Decided January 31, 1893PublishedCited by 38 opinions

Appeal from Barton Circuit Cowrt. — Hon. D. P. Stratton, Judge. (1) The court erred in permitting a cross-examination of defendant concerning matters not referred to in his examination in chief, and when he had claimed his privilege under the law of not being compelled to testify against himself.

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Appeal from Barton Circuit Cowrt. — Hon. D. P. Stratton, Judge. (1) The court erred in permitting a cross-examination of defendant concerning matters not referred to in his examination in chief, and when he had claimed his privilege under the law of not being compelled to testify against himself. Constitution, art. 2, sec. 23; Revised Statutes, 1889, sec. 4218; State v. McGmw, 74 Mo. 573; State v. McLaughlin, 76 Mo. 321; State v. Titrner, 76 Mo. 350; State v. Patterson, 88 Mo. 88; State v. Bulla, 89 Mo. 595; State v. Chamberlain, 89 Mo. 129; State v. West, 95 Mo. 143. (2) The law will not…

1Opinion of the CourtBubgess, J.

At the February term, 1892, of the circuit court of Barton county, the appellant, Amos Avery, was indicted for murder in the first degree, for the killing of one James A. Miles in said county on the twenty-second day of September, 1891. He was put upon his trial at the September term of said court and convicted of murder of the first degree. The indictment is in the usual form for murder in the first degree and no point is made on it in this court.

The evidence introduced by the state established the following facts:

About the seventeenth of August, 1891, James A. Miles, the young man alleged…

2Cases cited18 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. State v. BrooksSupreme Court of Missouri · 1887
  3. State v. GrantSupreme Court of Missouri · 1883
  4. State v. HopkirkSupreme Court of Missouri · 1884
  5. State v. MoxleySupreme Court of Missouri · 1890

13 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Ohio Building Safety Vault Co. v. Industrial BoardIllinois Supreme Court · 1917
  2. State v. TaylorSupreme Court of Missouri · 1896
  3. Devine v. DelanoIllinois Supreme Court · 1916
  4. State v. FairlambSupreme Court of Missouri · 1894
  5. State v. ScownSupreme Court of Missouri · 1958

33 more not listed; retrieve them via the Exa API.

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