State v. Mathews
Supreme Court of Missouri
Appeal from Christian Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The court erred in admitting evidence tending to show that after the killing, and some three hundred, yards away from the scene, the defendant attempted to shoot and kill old man Greene. This was not a part of the res gestae, but was evidence of a distinct and independent crime, and was highly prejudical to defendant. State v. Rainsbarger, 31 N. W. Eep. 865 ; People v. Hamblin, 7 Orim.
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Appeal from Christian Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The court erred in admitting evidence tending to show that after the killing, and some three hundred, yards away from the scene, the defendant attempted to shoot and kill old man Greene. This was not a part of the res gestae, but was evidence of a distinct and independent crime, and was highly prejudical to defendant. State v. Rainsbarger, 31 N. W. Eep. 865 ; People v. Hamblin, 7 Orim. Law (Cal.) 846; Smith v. State, 17 Neb. 358 ; Smith v. Reavis, 70 Mo. 289 ; State v. Reavis, 71 Mo. 219 ; State v. Reed, 85 Mo. 195 ; State…
1Opinion of the CourtBrace, J.
— The defendant Wiley Mathews, with William Walker, John Mathews and thirteen others, was indicted in the circuit court of Christian county for killing Charles Greene on the night of the eleventh of March, 1887. The defendant, upon a separate trial, was convicted of murder in the first degree. William Walker and John Mathews were also, on separate trials, each convicted of murder in the first degree, and their cases brought by appeal to this court, and in each of them, at the present term, decisions have been rendered sustaining their conviction. Ante, pp. 95, 119. The record in this case is…
2Cases cited4 opinions
- State v. RiderSupreme Court of Missouri · 1888
- State v. SandersSupreme Court of Missouri · 1882
- State v. BeaucleighSupreme Court of Missouri · 1887
- State v. Chyo GoomSupreme Court of Missouri · 1887
3Cited by13 opinions
- State v. AndersonTexas Supreme Court · 1930
- State v. RascoSupreme Court of Missouri · 1912
- People v. Ye FooCalifornia Court of Appeal · 1907
- State v. WeaverSupreme Court of Missouri · 1901
- State v. BaileySupreme Court of Missouri · 1905
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