State v. German
Supreme Court of Missouri
Error to Jasper Circuit Court. I. The court erred in admitting any evidence. There was no proof offered tending to prove that Canaday was dead, and without proof of the death, there could be no conviction. ("Whart. Am. Crim. Law, §715-6; State vs. Robinson, 12 Mo., 592; State vs. Scott, 39 Mo., 129; 1 Chit. Crim. Law, 563; 8 Ibid, 736; 1 Russ. Crimes, 567-8; 1 Grreenl. Ev., § 217.) The confessions could not be used to prove the corpus delicti. See above cases. II.
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Error to Jasper Circuit Court. I. The court erred in admitting any evidence. There was no proof offered tending to prove that Canaday was dead, and without proof of the death, there could be no conviction. ("Whart. Am. Crim. Law, §715-6; State vs. Robinson, 12 Mo., 592; State vs. Scott, 39 Mo., 129; 1 Chit. Crim. Law, 563; 8 Ibid, 736; 1 Russ. Crimes, 567-8; 1 Grreenl. Ev., § 217.) The confessions could not be used to prove the corpus delicti. See above cases. II. The court erred in admitting the evidence of confessions testified to by the witness, C. W. Mallory. (1 Greenl. Ev., §§ 213, 263;…
1Opinion of the CourtWagner, Judge
The defendant was indicted in the Circuit Court for murder in the first degree, in killing one Canaday. On the first trial he was convicted of the offense, with which he stood charged, but on his motion that conviction was set aside, and being again put upon his trial he was found guilty of murder in the second degree.
The testimony as preserved in the bill of exceptions, shows in brief, that the defendant and Canaday, lived together, Can*527aday, having married defendant’s wife’s mother; that on the day on which Canaday, disappeared, the two started together in a wagon, to a cornfield where they…
2Cases cited3 opinions
- State v. LambSupreme Court of Missouri · 1859
- Robinson v. StateSupreme Court of Missouri · 1849
- State v. ScottSupreme Court of Missouri · 1867
3Cited by16 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. PattersonSupreme Court of Missouri · 1881
- State v. WalkerSupreme Court of Missouri · 1888
- Bines v. StateSupreme Court of Georgia · 1903
- Matthews v. StateSupreme Court of Alabama · 1876
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