State v. Mitchell
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. HenktP. White, Judge. Dependant was indicted September 1.4, 1888, for murder in the first degree, and, after arraignment and plea of “not guilty,” was tried and convicted. The homicide, grew out of a dispute between ■deceased and defendant regarding an order for some wine. The former was a waiter at a variety theater, where the difficulty took place.
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Appeal from Jackson Criminal Court. — Hon. HenktP. White, Judge. Dependant was indicted September 1.4, 1888, for murder in the first degree, and, after arraignment and plea of “not guilty,” was tried and convicted. The homicide, grew out of a dispute between ■deceased and defendant regarding an order for some wine. The former was a waiter at a variety theater, where the difficulty took place. The particulars of the sad tragedy need not be detailed in view of the questions presented on this appeal. Defendant, as a witness, admitted firing the fatal shot, claiming that he did not intend to…
1Opinion of the CourtBarclay, J.
— If the action of the court, overruling defendant’s application for continuance, was proper, it is immaterial whether the reasons that *662induced the making of that order were sound or not. A correct ruling is not vitiated by reason of any erroneous views of the court in making it. The consent of the prosecuting attorney, in the present case, that the defendant might read the statement in the affidavit in lieu of the testimony of the absent witness, could not make the application better than it was without such admission.
The affidavit did not state the name of the witness or satisfactorily show…
2Cases cited2 opinions
- State v. PagelsSupreme Court of Missouri · 1887
- State v. O'HaraSupreme Court of Missouri · 1887
3Cited by14 opinions
- State v. GilmoreSupreme Court of Missouri · 1892
- State v. FitzgeraldSupreme Court of Missouri · 1895
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- State v. MaupinSupreme Court of Missouri · 1906
- State v. NoeningerSupreme Court of Missouri · 1891
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