Legal Opinion

State v. Patterson

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 41 opinions

Appeal from Livingston Circuit Coiort. — Hon. J. M. Davis, Judge. (1) The court erred in sustaining the state’s demurrer to the plea of once in jeopardy. Flagg v. People, 40 Mich. 706; Gordon's case, 40 Mich. 716; State v. Moon, 41 Wis. 684; State v. Moore, 66 Mo. 372 ; Shepherd v. People, 25 N. Y. 406. (2) The court erred in permitting the state to cross-examine defendant as to his having fled to avoid arrest, it not being a matter testified to by him in chief.

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Appeal from Livingston Circuit Coiort. — Hon. J. M. Davis, Judge. (1) The court erred in sustaining the state’s demurrer to the plea of once in jeopardy. Flagg v. People, 40 Mich. 706; Gordon's case, 40 Mich. 716; State v. Moon, 41 Wis. 684; State v. Moore, 66 Mo. 372 ; Shepherd v. People, 25 N. Y. 406. (2) The court erred in permitting the state to cross-examine defendant as to his having fled to avoid arrest, it not being a matter testified to by him in chief. State v. Porter, 75 Mo. 171; State v. Turner, 76 Mo. 351; State v. McGraw, 74 Mo. 573; State v. McLaughlin, 76 Mo. 324 ; State v.…

1Opinion of the CourtSherwood, J.

The defendant was indicted under section 1259, Revised Statutes, for the seduction of Sarah Loe, and on trial had was convicted and his punishment assessed at two years in the penitentiary. He had been previously tried on the same indictment and found guilty, and his punishment assessed at a fine of four hundred dollars and one day’s imprisonment in the county jail, but on his motion for a new trial this verdict was set aside on the ground of the insufficiency of the evidence ; and on the second trial he interposed the plea of once in jeopardy, to which the state demurred and the plea wa's…

2Cases cited22 opinions

  1. People v. BensonCalifornia Supreme Court · 1856
  2. People v. ClarkMichigan Supreme Court · 1876
  3. People v. AbbotNew York Supreme Court · 1838
  4. Kenyon v. . the PeopleNew York Court of Appeals · 1863
  5. Strang v. PeopleMichigan Supreme Court · 1871

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

3Cited by41 opinions

  1. State v. ReevesSupreme Court of Missouri · 1888
  2. People v. ArrighiniCalifornia Supreme Court · 1898
  3. Deas v. StateSupreme Court of Florida · 1935
  4. State v. HillSupreme Court of Missouri · 1886
  5. State v. PattonSupreme Court of Missouri · 1958

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

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