State v. Brown
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Ralph S. Latshaw, Judge. (1) The eonrt erred in permitting the State to prove by witnesses Pnlhamns and Brown that they made repeated statements outside of court similar to the statements made in court under oath. State v-Brown, 17 Mich. 435; DeShon v. Ins. Co., Mete. 199 1 Greenleaf, Ev., sec. 469; Starkey, Ev., p. 187; Rix v. Parker, 3 Doug. 242; Berkley — Peerage case, 2 Phil. Ev.
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Appeal from Jackson Criminal Court. — Hon. Ralph S. Latshaw, Judge. (1) The eonrt erred in permitting the State to prove by witnesses Pnlhamns and Brown that they made repeated statements outside of court similar to the statements made in court under oath. State v-Brown, 17 Mich. 435; DeShon v. Ins. Co., Mete. 199 1 Greenleaf, Ev., sec. 469; Starkey, Ev., p. 187; Rix v. Parker, 3 Doug. 242; Berkley — Peerage case, 2 Phil. Ev. (4 Ed.) Cowen and Hill’s Notes, p. 974, note 2; Robb v. Hockley, 23 Wend. 50; 2 Russell Or. 938-9, 763; 5 Cow. 314; State v.' Taylor, 134 Mo.' 154. (2) Hnder the facts…
1Opinion of the CourtWalker, J.
The prosecuting attorney of Jackson county, on December 20, 1911, filed an information in the criminal court of that county,, charging the defendant with murder in the first degree, in the shooting and killing of Albert Underwood on December 1, 1911. At the January term, 1912, of said First ^Degree, court, the defendant was tried, found guilty of murder in the first degree, and ' his punishment assessed at death. Timely motions for a new trial and in arrest of judgment were filed and overruled, and an appeal has .been perfected to this court.
The facts disclosed by the evidence are as follows :
2Cases cited3 opinions
- State v. SheltonSupreme Court of Missouri · 1909
- State v. McGinnisSupreme Court of Missouri · 1900
- State v. AdairSupreme Court of Missouri · 1901
3Cited by11 opinions
- State v. HubbardSupreme Court of Missouri · 1943
- State v. DaegeleSupreme Court of Missouri · 1957
- State v. FlemingSupreme Court of Missouri · 1945
- State v. HandsSupreme Court of Missouri · 1953
- State v. BaldwinSupreme Court of Missouri · 1927
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