State v. Harris
Supreme Court of Missouri
Appeal from Greene Criminal Court. — Hon. Arch A. Johnson, Judge. (1) The State wholly failed to prove the age of the prosecuting witness, Lucy Harris.
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Appeal from Greene Criminal Court. — Hon. Arch A. Johnson, Judge. (1) The State wholly failed to prove the age of the prosecuting witness, Lucy Harris. State v. Houx, 109 Mo. 645; State v. Gully, 199 S. W. 124; State v. Ackley, 183 S. ~W. 289. This testimony was wholly incompetent because hearsay and it was not shown either (a) that declarant (the grandmother) was dead or that her testimony was otherwise unobtainable upon trial; (b) that declarant was even a member of the family; or (c) that the declarations were made ante litem mortam. State v. Bowman, 213 S. W. 64. (2) The court erred in…
1Opinion of the Court
On December 11, 1918, the Prosecuting Attorney of Greene County, Missouri, filed, in the office of the clerk of the criminal court of said county, an information in two counts, charging defendant, William Harris, with the crimes of statutory rape, and incest. On December 13, 1918, appellant filed a demurrer to said information, which was overruled. On December 14, 1918, defendant was arraigned and entered a plea of not guilty as charged in the information. On December 14, 1918, the case was tried before a jury of Greene County aforesaid, and a verdict was returned in words and figures…
2Cases cited12 opinions
- Dyer v. BrannockSupreme Court of Missouri · 1877
- State v. SpraySupreme Court of Missouri · 1903
- Cargile v. WoodSupreme Court of Missouri · 1876
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- State v. BerschSupreme Court of Missouri · 1918
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. BurnsSupreme Court of Missouri · 1998
- McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
- State v. WillsonOregon Supreme Court · 1925
- State v. GordenSupreme Court of Missouri · 1947
- State v. Lasson.Supreme Court of Missouri · 1922
8 more not listed; retrieve them via the Exa API.