State v. McAfee
Supreme Court of Missouri
Appeal from Jasper Gircuit Court. — HoN. J. D. PeeeiNS, Judge. (1) Tbe court abused its discretion in permitting attorney T B. Haugbawout to appear for tbe State. On tbis question tbe wife of Mr. Haugbawout was permitted to testify as a witness, over tbe objection of defendant. Tbis was error. R. S. 1889, sec. 8922. (2) Tbe gist of robbery is tbe taping (or attempting to take) property from another by force, by putting bim in fear, and against bis will.
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Appeal from Jasper Gircuit Court. — HoN. J. D. PeeeiNS, Judge. (1) Tbe court abused its discretion in permitting attorney T B. Haugbawout to appear for tbe State. On tbis question tbe wife of Mr. Haugbawout was permitted to testify as a witness, over tbe objection of defendant. Tbis was error. R. S. 1889, sec. 8922. (2) Tbe gist of robbery is tbe taping (or attempting to take) property from another by force, by putting bim in fear, and against bis will. No person can commit robbery .if be bas tbe consent of tbe robbed person. R. S. 1889, sec. 3530; Kelley’s Grim. Law, sec. 634; 1 Bisb. Grim.…
1Opinion of the CourtSherwood, J.
This record contains the evidence of a murder which occurred in the city of Joplin on Saturday, the thirty-first day of July, 1897. The circumstances attendant on the perpetration of the crime were substantially these: William Ebin Brewer, the person murdered, was about twenty-four years of age, married, and lived between *375Twelfth and Thirteenth, streets on Virginia avenue, and conducted a grocery business about one block due west of his dwelling house.
It was his custom on leaving the store to pass around the side of the storeroom through an alley and into the yard at the back gate in the rear…
2Cases cited9 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. HayesSupreme Court of Missouri · 1884
- State v. MarcksSupreme Court of Missouri · 1897
- State v. Chyo ChiagkSupreme Court of Missouri · 1887
- State v. GriffinSupreme Court of Missouri · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. EatonSupreme Court of Missouri · 1957
- State v. McCarverSupreme Court of Missouri · 1906
- State v. FergusonSupreme Court of Missouri · 1919
- Dillon v. StateWisconsin Supreme Court · 1909
- State v. FeeleySupreme Court of Missouri · 1906
6 more not listed; retrieve them via the Exa API.