State v. Devorss
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hon. Win. G. Ellison, Judge. (1) The trial court erred in compelling defendant to go to trial without his witness, Elsey Baker, or his testimony, by deposition. Said application showed due diligence on part of defendant, and that the absent witness was located, and a good probability of procuring his testimony, by deposition, at the next term of the court.
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Appeal from Holt Circuit Court. — Hon. Win. G. Ellison, Judge. (1) The trial court erred in compelling defendant to go to trial without his witness, Elsey Baker, or his testimony, by deposition. Said application showed due diligence on part of defendant, and that the absent witness was located, and a good probability of procuring his testimony, by deposition, at the next term of the court. Such refusal was not the exercise of a reasonable discretion upon the part of the trial court, in a case of the character and importance of the oné at bar. Nicbols v. Grocer Co., 66 Mo. App. 321; Alt v.…
1Opinion of the CourtBurgess, J.
Under an information filed by the prosecuting attorney of Holt county, charging the defendant with the crime of carnally knowing one Arminda Yandever, a female child under the age of fourteen years, he was, at the April term, 190*8, of the circuit court of said county, convicted of said offense, and his punishment assessed by the jury at five years in the penitentiary. Motions for a new trial and in arrest of judgment were duly filed by the defendant, and overruled by the court. • It having been admitted at the trial by counsel for the State that the defendant was a minor, under sixteen years…
2Cases cited8 opinions
- State v. DusenberrySupreme Court of Missouri · 1892
- People v. HowardCalifornia Supreme Court · 1904
- State v. MarcksSupreme Court of Missouri · 1897
- State v. FitzgeraldSupreme Court of Missouri · 1895
- Hardtke v. StateWisconsin Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. IvicsicsMissouri Court of Appeals · 1980
- State v. HamiltonSupreme Court of Missouri · 1924
- Bosserman v. SmithMissouri Court of Appeals · 1920
- State v. CurtnerSupreme Court of Missouri · 1914
- State v. WhiteMissouri Court of Appeals · 1958
5 more not listed; retrieve them via the Exa API.