State v. Berning
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) Error was committed in permitting the cross-examination of defendant as to matters not testified to by him in his examination in chief.
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Appeal from St. Louis Court of Appeals. (1) Error was committed in permitting the cross-examination of defendant as to matters not testified to by him in his examination in chief. It is not only the right, but the duty, of the jury to carefully examine, and weigh the evidence which the court permits to come before them, and it must be expected that they will do so : and, if there is error in the submitting of evidence, the presumption is that there will be error in the verdict. State v. Porter.* 75 Mo. 171; State r. McGraio, 74 Mo. 573 ; State v. Turner, 76 Mo. 337; State «. McLaughlin, 76…
1Opinion of the CourtBlack, J.
The defendant was indicted and convicted of an assault with intent to kill Joseph Klatt. The indictment is based upon section 1262, Revised Statutes.. Instructions were given on the theory that the assault was made with malice aforethought, and also on the theory of the subsequent section, that the assault was without malice aforethought.
1. The contention that the verdict is against the evidence, cannot be sustained. That defendant cut Klatt, who was a buggy washer at Mayer & Strattman' & stables, with a knife, inflicting an ugly and dangerous wound, is not denied. The defence is, that Klatt…
2Cases cited2 opinions
- State v. BurkSupreme Court of Missouri · 1886
- State v. RobbSupreme Court of Missouri · 1886
3Cited by5 opinions
- State v. GilmoreSupreme Court of Missouri · 1935
- State v. StarkSupreme Court of Missouri · 1907
- State v. JacksonSupreme Court of Missouri · 1920
- State v. McGeeSupreme Court of Missouri · 1905
- State v. GatesSupreme Court of Missouri · 1895