State v. Moore
Supreme Court of Missouri
Appeal from Dunklin Circuit Court.- — Hon. J. L. Fort, J udge. (1) The court erred in permitting witness, Matilda Thorn, to testify to a conversation between herself and her husband on the morning of the difficulty, not in the presence of Moore, for the reason, that such conversation forms no part of the res gestae, and was not proper matter for the consideration of the jury in this cause.
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Appeal from Dunklin Circuit Court.- — Hon. J. L. Fort, J udge. (1) The court erred in permitting witness, Matilda Thorn, to testify to a conversation between herself and her husband on the morning of the difficulty, not in the presence of Moore, for the reason, that such conversation forms no part of the res gestae, and was not proper matter for the consideration of the jury in this cause. And because it threw no light whatever upon the actions and conduct of the deceased and defendant afterwards. And because said testimony was hearsay. Cole v. McDaniel, 33 Mo. 363; Pogue v. Burgess, Yl Mo.…
1Opinion of the CourtGantt, P. J.
The defendant was indicted for murder in the first degree at the July term, 1898, of the circuit court of Dunklin county. He was duly arraigned at the January term, 1899, and his plea of not guilty entered. At the same term he was tried and convicted of murder in the second degree and his punishment assessed at ninety-nine years in the penitentiary. His motions for new trial and in arrest were filed, heard and overruled and he appealed to this court.
The indictment is in the approved form and is in all respects sufficient. Indeed it is not attacked on this appeal. The record proper in other…
2Cases cited4 opinions
- State v. McO'BlenisSupreme Court of Missouri · 1857
- State v. AndrewSupreme Court of Missouri · 1882
- State v. MorrowSupreme Court of Missouri · 1857
- State v. HarmanSupreme Court of Missouri · 1858
3Cited by10 opinions
- State v. TorelloSupreme Court of Connecticut · 1925
- State v. JacksonMissouri Court of Appeals · 1973
- State v. ParkSupreme Court of Missouri · 1929
- Tennent v. Union Central Life InsuranceMissouri Court of Appeals · 1908
- State v. HicksMissouri Court of Appeals · 1979
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