State v. Ware
Supreme Court of Missouri
Appeal from Livingston County Circuit Court. I. The declarations of Ware to Francis and others were improperly admitted in evidence, because they were extorted by fear, and made under circumstances calculated to produce fright and terror in said Ware. (State vs. Brockman, 46 Mo., 566, and authorities cited.) II.
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Appeal from Livingston County Circuit Court. I. The declarations of Ware to Francis and others were improperly admitted in evidence, because they were extorted by fear, and made under circumstances calculated to produce fright and terror in said Ware. (State vs. Brockman, 46 Mo., 566, and authorities cited.) II. The court erred in refusing to allow appellant to prove the statement as made by him to Coy and Carpenter on the 1st day of June. 1875, relating to the possession of the mare in question, showing where he caught her, and for what purpose, and that he made no attempt to conceal the…
1Opinion of the CourtWagner, Judge
The defendant was indicted and convicted of grand larceny for stealing a mare, and sentenced to the penitentiary for two years. The questions raised in this court are; the validity of the indictment; the action of the court below in admitting and excluding testimony ; the giving and refusing instructions ; and the overruling of defendant’s motion for a new trial.
The indictment charges defendant that “ one bay mare of the value of one hundred dollars, of the goods and chattels of one Alfred Min nick, then and there being found, felon*600iously did steal, take and carry away,” etc. The statute…
2Cases cited1 opinion
- State v. ShermerSupreme Court of Missouri · 1874
3Cited by25 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- State v. . MerrickSupreme Court of North Carolina · 1916
- State v. BranstetterSupreme Court of Missouri · 1877
- State v. MerrickSupreme Court of North Carolina · 1916
- State v. HolcombSupreme Court of Missouri · 1885
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