State v. Pennington
Supreme Court of Missouri
Appeal from Moniteau Circuit Court.—Hon. D. W. Shackleford, Judge. (1) The court erred in the matter of giving instructions. (2) The wife of defendant was an incompetent witness. State v. Arnold, 55 Mo. 89; State v. Willis; 119 Mo. 185. (3) The court erred in permitting proof of a different assault than the one on trial. (4.) The court erred in permitting proof of the former indictment.
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Appeal from Moniteau Circuit Court.—Hon. D. W. Shackleford, Judge. (1) The court erred in the matter of giving instructions. (2) The wife of defendant was an incompetent witness. State v. Arnold, 55 Mo. 89; State v. Willis; 119 Mo. 185. (3) The court erred in permitting proof of a different assault than the one on trial. (4.) The court erred in permitting proof of the former indictment. (5) The second instruction asked upon the part of the appellant was also unexceptionable, should have been given, and its refusal was a ground of error. State v. Vansant, 80 Mo. 72. (6) The fifth instruction…
1Opinion of the CourtShebwood, J.
For an assault with intent to kill his wife, made by defendant with a revolver, he was indicted, convicted and sentenced to two years’ imprisonment in the penitentiary, and he appeals to this court.
The testimony in brief, is the foilwing: On the twenty-seventh of May, 1891, and for some time before that, trouble had existed in the family of the defendant ; his wife had abandoned his home and was living with her daughter, Mrs. Hume. On this day the defendant, armed with a revolver, went to his daughter’s place, where his wife then was, proceeded into the house and into the room where Mrs.…
2Cases cited4 opinions
- State v. SmithSupreme Court of Missouri · 1883
- Vanderwerker v. PeopleNew York Supreme Court · 1830
- Smitha v. Flournoy's Adm'rSupreme Court of Alabama · 1872
- Commonwealth v. DesmondMassachusetts Supreme Judicial Court · 1869
3Cited by25 opinions
- State v. KollenbornSupreme Court of Missouri · 1957
- State v. PattersonSupreme Court of Missouri · 1969
- State v. BuralliNevada Supreme Court · 1903
- State v. AndersonSupreme Court of Missouri · 1913
- State v. DunbarSupreme Court of Missouri · 1950
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