State v. Williams
Supreme Court of Missouri
.Appeal from Pulaski Circuit Court. — Hon. L. B. Woodside, Judge. (1) The witness, James Shelton, being a co-defendant, jointly indicted for the same offense, was not subject to cross-examination except as to matters referred to in his direct examination. R. S. 1869, sec. 4218; State v. Chamberlain, 89 Mo. 129; Kelley’s Grim. Law [2 Ed.], sec. 269. (2) The court should have granted defendant a new trial. The conduct of the State’s counsel, W. IT.
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.Appeal from Pulaski Circuit Court. — Hon. L. B. Woodside, Judge. (1) The witness, James Shelton, being a co-defendant, jointly indicted for the same offense, was not subject to cross-examination except as to matters referred to in his direct examination. R. S. 1869, sec. 4218; State v. Chamberlain, 89 Mo. 129; Kelley’s Grim. Law [2 Ed.], sec. 269. (2) The court should have granted defendant a new trial. The conduct of the State’s counsel, W. IT. Murphy, in reading the whole indictment to the jury, and then saying: “Both parties are not-on trial.; they have asked, and the court has granted…
1Opinion of the CourtSherwood, J.
— A steer stolen in Pulaski county forms the basis of the present prosecution; and because defendant was convicted of such theft he comes up to this court and makes inquiry whether he was legally convicted.
1. It is firmly established by our rulings that matter excepted to at one term of court must be cidiunc ei ibidem saved by a bill of exceptions filed at such term, and can not at a subsequent term be “warmed over” by being inserted in a bill of exceptions filed at such subsequent term. [State v. Taylor, 134 Mo. 109; State v. Ware, 69 Mo. 332, and other cases.] Eor this cause it is that…
2Cases cited6 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State v. AverySupreme Court of Missouri · 1893
- State v. WareSupreme Court of Missouri · 1876
- State v. WareSupreme Court of Missouri · 1879
- State v. SmithSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. LarewSupreme Court of Missouri · 1905
- State Ex Rel. Orr v. LatshawSupreme Court of Missouri · 1922
- Griggs v. Venerable Sister Mary Help of ChristiansMissouri Court of Appeals · 1951
- State v. ShelbySupreme Court of Missouri · 1933
- State v. ParkerSupreme Court of Missouri · 1923
6 more not listed; retrieve them via the Exa API.