State v. Nettles
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, Judge. (1) The witnesses from whom the defendant intended to obtain this newly discovered evidence, did not make affidavit thereto, but the defendant alone makes the affidavit. As to what the new witnesses would testify to, this does not satisfy the statute. The affidavit of the witness himself must' be produced or his absence accounted for. State' v. McLaughlin, 27 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, Judge. (1) The witnesses from whom the defendant intended to obtain this newly discovered evidence, did not make affidavit thereto, but the defendant alone makes the affidavit. As to what the new witnesses would testify to, this does not satisfy the statute. The affidavit of the witness himself must' be produced or his absence accounted for. State' v. McLaughlin, 27 Mo. Ill; State v. Musick, 101 Mo. 260; State v. Larrimore, 20 Mo. 425; State v. Ray, 53 Mo. 345. And besides the affidavit of the defendant, in which he sets up newly…
1Opinion of the CourtBurgess, J.
The defendant was convicted in the circuit court of the city of St. Louis of murder in the first degree, and his punishment fixed at death, for having shot and killed with a pistol one Samuel ~W. Mann. He appeals.
Defendant is a negro, and had lived in St. Louis about two years at the time of the homicide. The deceased lived with his family at No. 4862 Old Manchester Road, and was engaged as conductor on a suburban street car line in said city. About six o’clock in the evening of July 4, 1898, he left Meramec Highlands, at which place his wife and two children boarded a car for the city, of…
2Cases cited10 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. WelsorSupreme Court of Missouri · 1893
- State v. McLaughlinSupreme Court of Missouri · 1858
- State v. MusickSupreme Court of Missouri · 1890
- State v. RaySupreme Court of Missouri · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. KernSupreme Court of Missouri · 1969
- State v. FarrisSupreme Court of Missouri · 1951
- State v. ChurchSupreme Court of Missouri · 1906
- State v. HendersonSupreme Court of Missouri · 1905
- State v. McKenzieSupreme Court of Missouri · 1903
4 more not listed; retrieve them via the Exa API.