State v. Butler
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. William M. Kinsey, Judge. (1) The court erred in allowing the witness Mosby, who witnessed the shooting, to state to the jury that in his opinion deceased had no idea of even hurting defendant.
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Appeal from St. Louis City Circuit Court. — Ron. William M. Kinsey, Judge. (1) The court erred in allowing the witness Mosby, who witnessed the shooting, to state to the jury that in his opinion deceased had no idea of even hurting defendant. Under the guise of introducing a conversation with the defendant, the witness was permitted to repeat statements he had made in the presence of the defendant and to give to the jury his opinion as to the conduct of the deceased (which he had witnessed) at the time the shooting occurred. This was grievous error, and such has been the express holding of…
1Opinion of the Court
WILLIAMS, C. —
On June 11, 1913, in the circuit court of the city of St. Louis, defendant' was convicted of murder in the second degree and his punishment assessed at ten years in the penitentiary. This is the second appeal in the case. The judgment upon the first trial was, by this court, upon appeal, reversed, on account of certain errors not now involved. The facts disclosed by the present record are in substance the same as disclosed by the record of the first trial and áre fully set forth in the former opinion by this court in 247 Mo. 685. It is, therefore, unnecessary to restate the same…
2Cases cited11 opinions
- State v. RascoSupreme Court of Missouri · 1912
- State v. WebbSupreme Court of Missouri · 1914
- State v. PhillipsSupreme Court of Missouri · 1911
- State v. TalmageSupreme Court of Missouri · 1891
- State v. McMullinSupreme Court of Missouri · 1902
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3Cited by4 opinions
- State v. PhillipsSupreme Court of Missouri · 1957
- State v. RushSupreme Court of Missouri · 1956
- State v. JeffersonSupreme Court of Missouri · 1968
- State v. PinsonSupreme Court of Missouri · 1922