State v. Evans
Supreme Court of Missouri
Appeal from ' Cooper Circuit Court.—Hon. D. W. Shackleford, Judge. (1) The statements of deceased and his wife were not competent as dying declarations. State v. Simon, 50 Mo. 370; State v. Johnson, 118 Mo. 491; Motherly v. Com., 19 S. W. Rep. 977. (2) The defendant ought to have been permitted to prove that a few days before the shooting he had caused the deceased to be arrested for the purpose of binding him to keep the peace toward defendant.
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Appeal from ' Cooper Circuit Court.—Hon. D. W. Shackleford, Judge. (1) The statements of deceased and his wife were not competent as dying declarations. State v. Simon, 50 Mo. 370; State v. Johnson, 118 Mo. 491; Motherly v. Com., 19 S. W. Rep. 977. (2) The defendant ought to have been permitted to prove that a few days before the shooting he had caused the deceased to be arrested for the purpose of binding him to keep the peace toward defendant. The latter had appealed to the law for protection and deceased uttered, bitter threats because he had done so. (3) The courts fifth instruction…
1Opinion of the CourtSherwood, J.
This appeal questions the correctness of certain rulings made by the lower court during the trial of Riley Evans on a charge of murder in the first degree, which trial resulted in his conviction of the second degree of that crime and the assessment of his punishment at imprisonment in the penitentiary for the term of twenty-five years.
On the trial it was developed by the evidence that Peter Fine, the deceased, rented a farm owned by defendant’s wife; both defendant and deceased and their families living on the farm and occupying portions of the same dwelling house. The term of Fine had about…
2Cases cited9 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. HaysSupreme Court of Missouri · 1856
- State v. GrantSupreme Court of Missouri · 1882
- State v. AndersonSupreme Court of Missouri · 1886
- State v. TaborSupreme Court of Missouri · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Cooper v. StateTennessee Supreme Court · 1909
- Cooper v. StateSupreme Court of Georgia · 1936
- State v. MaloneSupreme Court of Missouri · 1931
- United States v. Gary Lee Etheridge, Georgia Etheridge, William Eugene Beard, James Hermanbostic, Sammy Ray ColeCourt of Appeals for the Sixth Circuit · 1970
- State v. ClarkWest Virginia Supreme Court · 1908
22 more not listed; retrieve them via the Exa API.