State v. Tate
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Henry C. Pepper, Judge. (1) The witnesses indorsed on tbe indictment — all of tliem — bad testified, and none of them, n.or all of them, could make a case against defendant; then the indictment bad not all or any of the material witnesses indorsed on it. Only the testimony of Charles Pitts could really, under the holding of this court on first appeal, be considered material in any true sense. ITis name was not on the indictment.
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Appeal from Newton Circuit Court. — Henry C. Pepper, Judge. (1) The witnesses indorsed on tbe indictment — all of tliem — bad testified, and none of them, n.or all of them, could make a case against defendant; then the indictment bad not all or any of the material witnesses indorsed on it. Only the testimony of Charles Pitts could really, under the holding of this court on first appeal, be considered material in any true sense. ITis name was not on the indictment. But his testimony was afterwards sprung on defendant as a thunderbolt from a clear sky. The provision of law was meant to serve…
1Opinion of the CourtBurgess, J.
At the May term, 1896, of the circuit court of Newton county, -the defendant and one William South were jointly in-dieted by the- grand jury of said county, and charged in the first count in the indictment with feloniously, on purpose and of their malice aforethought, shooting with a pistol with intent to kill one William Meadows, and.in the second count with feloniously assaulting said Meadows-with intent to rob. Upon motion of Tate a severance was granted him, and being put upon his trial he was convicted under the second count in the indictment, and his -punishment fixed at two years’…
2Cases cited4 opinions
- State v. WelsorSupreme Court of Missouri · 1893
- State v. HiblerSupreme Court of Missouri · 1899
- State v. SmithSupreme Court of Missouri · 1897
- State v. TateSupreme Court of Missouri · 1898
3Cited by7 opinions
- State v. FamberSupreme Court of Missouri · 1948
- State v. SimonSupreme Court of Missouri · 1927
- State v. PowellMissouri Court of Appeals · 1982
- Rollins v. Business Men's Accident Ass'n of AmericaMissouri Court of Appeals · 1920
- Thomas v. StateCourt of Criminal Appeals of Oklahoma · 1920
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