State v. Tettaton
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. J. L. Fort, Judge. (1) Tke testimony of witnesses as to their opinions regarding the merits of the application for a change of venue was clearly incompetent. It is for the witness to state the facts and for the court to draw conclusions from the facts.
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Appeal from Dunklin Circuit Court. — Hon. J. L. Fort, Judge. (1) Tke testimony of witnesses as to their opinions regarding the merits of the application for a change of venue was clearly incompetent. It is for the witness to state the facts and for the court to draw conclusions from the facts. State v. Burgess, 78 Mo. 234. These witnesses might have believed all the testimony on the part of the defendant to be true, have known it to be true in fact, and still have believed that he could have a fair trial. The court erred in overruling defendant’s application for change of venue. The testimony…
1Opinion of the CourtBurgess, J.
The defendant was indicted at the May adjourned term, 1899, of the circuit court of Dunklin county, for the murder of George Tettaton, on the night of the twenty-sixth of April, 1899. At the October term, following, he was tried and convicted of murder in the first degree and sentenced to be executed. Defendant appeals.
Mrs. Mary J. Tettaton, the step-mother of the defendant, lived with her four children, George, Ben, Ada and Ida Tettaton, on a farm about one mile and a quarter north of the city of Malden in Dunklin county, Missouri. The husband of Mrs. Tettaton died a few years' since, and…
2Cases cited7 opinions
- State v. EllisSupreme Court of Missouri · 1881
- State v. WardSupreme Court of Missouri · 1881
- State v. DewittSupreme Court of Missouri · 1899
- State v. KotovskySupreme Court of Missouri · 1881
- State v. ThompsonSupreme Court of Missouri · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. RascoSupreme Court of Missouri · 1912
- State v. ChurchSupreme Court of Missouri · 1906
- State v. BarbataSupreme Court of Missouri · 1935
- State v. HendersonSupreme Court of Missouri · 1905
- People v. SallowNew York Court of General Session of the Peace · 1917
18 more not listed; retrieve them via the Exa API.