State v. McDonald
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. This was an indictment for adultery. Upon the trial the State, to prove the marriage of the defendant, Robert McDonald, at the time of the alleged adultery, offered the declarations of defendant, made before and after the alleged adultery, to the effect that Rebecca McDonald was his wife, and that he had intermarried with her in the state of Pennsylvania. The court admitted these declarations against the objection of defendant.
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Appeal from St. Louis Criminal Court. This was an indictment for adultery. Upon the trial the State, to prove the marriage of the defendant, Robert McDonald, at the time of the alleged adultery, offered the declarations of defendant, made before and after the alleged adultery, to the effect that Rebecca McDonald was his wife, and that he had intermarried with her in the state of Pennsylvania. The court admitted these declarations against the objection of defendant. The court gave the following instruction to the jury: “ If you believe that defendant acknowledged a woman named Rebecca McDonald…
1Opinion of the CourtHyland, Judge
• This was an indictment against Robert McDonald for adultery. He appeared to the indictment and pleaded “ not guilty.” There was a trial, and the defendant was convicted. He moved for a new trial, which being denied, he brings the case here by appeal.
The only question for our determination is, whether defendant’s confession that he was married was competent evidence. On the trial below, the State, to prove the marriage of defendant at the time of the alleged adultery, &c., offered the declarations of the defendant, made before and after the alleged adultery, to the effect that the said…
2Cases cited4 opinions
- People v. HumphreyNew York Supreme Court · 1810
- State v. RoswellSupreme Court of Connecticut · 1827
- Morgan v. StateSupreme Court of Alabama · 1847
- Carro v. TuckerCourt of Appeals of Texas · 1884
3Cited by5 opinions
- State v. BittickSupreme Court of Missouri · 1890
- State v. GonceSupreme Court of Missouri · 1883
- State v. MooreUtah Supreme Court · 1909
- Spencer v. StateCourt of Criminal Appeals of Oklahoma · 1917
- State v. JenkinsSupreme Court of Missouri · 1897