Legal Opinion

State v. Buchler

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 25 opinions

Appeal from Clark Circuit Court. — Hon. B. E. Turner, Judge. (1) The court erred in allowing the attorney for the state to ask the prosecuting witness as to expression of defendant’s countenance. Wharton’s Crim. Law, sec. 457; Gassenheimer v. State, 52 Ala. 314; Ames n. Snyder, 69 111. 376 ; Ashland v. Marlboro, 99 Mass. 41 ; Russell v. State, 53 Miss. 367; Hawkins n.

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Appeal from Clark Circuit Court. — Hon. B. E. Turner, Judge. (1) The court erred in allowing the attorney for the state to ask the prosecuting witness as to expression of defendant’s countenance. Wharton’s Crim. Law, sec. 457; Gassenheimer v. State, 52 Ala. 314; Ames n. Snyder, 69 111. 376 ; Ashland v. Marlboro, 99 Mass. 41 ; Russell v. State, 53 Miss. 367; Hawkins n. State, 25 Ga. 207 ; McAdory v. State, 59. Ala. 92, (2) The court ought not to have allowed the state to introduce the coat in evidence in rebuttal. Wharton Crim. Ev., sec. 767; Commonwealth n. Twitchell, 1 Brevort, 561; Cristal…

1Opinion of the CourtMacfarlane, J.

Defendant was indicted for feloniously, and of his malice aforethought, assaulting one Albert D. Leach, with a pistol, with intent to kill. Defendant admitted the shooting, but defended on the ground that he did so in self-defense. Upon a trial in the circuit court of Clark county, defendant was found guilty and sentenced to two years’ imprisonment in the penitentiary. From, the judgment he appeals to this court.

The evidence discloses that no one was present when the difficulty between defendant and Leach occurred. They were both practicing physicians, living and practicing their profession…

2Cases cited19 opinions

  1. State v. WienersSupreme Court of Missouri · 1877
  2. State v. HopkirkSupreme Court of Missouri · 1884
  3. Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
  4. State v. ElkinsSupreme Court of Missouri · 1876
  5. State v. PalmerSupreme Court of Missouri · 1886

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3Cited by25 opinions

  1. Carver v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1952
  2. Carver v. Missouri-Kansas-Texas R. Co.Supreme Court of Missouri · 1952
  3. Heinbach v. HeinbachSupreme Court of Missouri · 1918
  4. State v. TarwaterSupreme Court of Missouri · 1922
  5. State v. CrowSupreme Court of Missouri · 1891

20 more not listed; retrieve them via the Exa API.

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