State v. Day
Supreme Court of Missouri
Appeal from Cedar Circuit Court.—Hon. Cíias. Gr. Burton, Judge. (1) The court erred in overruling defendant’s application for a continuance. R. S. 1879, sec. 1886 ; State v. .Bradley, 90 Mo. 160; Frazer v. State, 2 S'. W. Rep. 637; Harris v. State, 18 Tex. App. 287. The conversations between the doctors and Margaret Lusk was clearly inadmissible as hearsay.
Read the full summary
Appeal from Cedar Circuit Court.—Hon. Cíias. Gr. Burton, Judge. (1) The court erred in overruling defendant’s application for a continuance. R. S. 1879, sec. 1886 ; State v. .Bradley, 90 Mo. 160; Frazer v. State, 2 S'. W. Rep. 637; Harris v. State, 18 Tex. App. 287. The conversations between the doctors and Margaret Lusk was clearly inadmissible as hearsay. State v. Rider, 90 Mo. 64; State v. Jaeger, 66 Mo. 173; State v. Arnold, 55 Mo. 89; Stale v. Sneed, 88 Mo. 138; State v. Holme, 54 Mo. 160; People v. Cox, 21 How. [ N. Y.] 47; People v. Beach, 87 N. Y. 508 ; Kirby v. Commonwealth, 77 Va.…
1Opinion of the Court
Sherwood,
indictment upon which the defendant was convicted, omitting immaterial portions, was as follows: That it then and there became and was a material question whether the said James Messick had assaulted said Margaret A. Lusk, with intent her to rape and carnally know. That the said Prank Day, then and there in the trial of said issue upon said preliminary examination upon his oath aforesaid, feloniously, corruptly and falsely before the justice of the peace aforesaid, did depose and swear in substance and to the effect following, that is to say: “that the said Prank Day was on the road…
2Cases cited13 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. MarshallSupreme Court of Missouri · 1865
- State v. RaySupreme Court of Missouri · 1873
- State v. WilliamsSupreme Court of Missouri · 1883
- State v. McDonaldSupreme Court of Missouri · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. BrinkleySupreme Court of Missouri · 1945
- State v. FaulknerSupreme Court of Missouri · 1903
- State v. SchnepelMontana Supreme Court · 1900
- State v. SwisherSupreme Court of Missouri · 1953
- Ex Parte MetcalfCourt of Criminal Appeals of Oklahoma · 1913
15 more not listed; retrieve them via the Exa API.