State v. Butler
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) The court erred in holding the testimony of the absent witness, given on the preliminary hearing, was inadmissible. When a witness is absent from the jurisdiction of the court the testimony of such witness given on the same issue before the court'holding the preliminary examination is admissible when offered by the defendant.
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) The court erred in holding the testimony of the absent witness, given on the preliminary hearing, was inadmissible. When a witness is absent from the jurisdiction of the court the testimony of such witness given on the same issue before the court'holding the preliminary examination is admissible when offered by the defendant. G-reenleaf on Evidence (16 Ed.), secs. 163-166; 2 Wigmore on Evidence, secs. 1364, 1375,1401; 5 Ency. of Evidence, 314, 883; State v. Riddle, 179 Mo. 297; State v. Rose, 92 Mo. 201; State v.…
1Opinion of the Court
WILLIAMS, 0.
Upon trial had in the circuit court of the city of St. Louis, defendant, under an information charging him with murder in the first degree, was convicted of murder in the second degree for the killing of Eugene Walsh on August 6, 1911, in said city, by shooting him with a pistol. The plea was self-defense. The punishment. was assessed at ten years in the penitentiary, and by proper steps defendant brings the case here for review.
The evidence for the State tended to show that the deceased, Eugene Walsh, at the time of his death *690lived with his mother, younger brother, Joseph, and…
Also in this document: Per curiam.
2Cases cited6 opinions
- State v. McO'BlenisSupreme Court of Missouri · 1857
- State v. WagnerSupreme Court of Missouri · 1883
- State v. HouserSupreme Court of Missouri · 1858
- State v. MaupinSupreme Court of Missouri · 1906
- State v. RiddleSupreme Court of Missouri · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. BurrellSupreme Court of Missouri · 1923
- Bartlett v. Kansas City Public Service Co.Supreme Court of Missouri · 1942
- State v. JacksonMissouri Court of Appeals · 1973
- State v. BongardSupreme Court of Missouri · 1932
- State v. BarnesSupreme Court of Missouri · 1918
4 more not listed; retrieve them via the Exa API.