Legal Opinion

State v. Woodward

Supreme Court of Missouri

Decided December 12, 1905PublishedCited by 19 opinions

Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court should have sustained appellant’s objection to the leading questions propounded to witness Curry. McKelvey, Ev., sec. 236 ; State v. Keith, 53 Mo. App. 383. (2) The court committed reversible error in permitting the State to prove the good reputation of the deceased when the defense had not put the reputation of deceased in issue by offering evidence of his bad reputation.

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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court should have sustained appellant’s objection to the leading questions propounded to witness Curry. McKelvey, Ev., sec. 236 ; State v. Keith, 53 Mo. App. 383. (2) The court committed reversible error in permitting the State to prove the good reputation of the deceased when the defense had not put the reputation of deceased in issue by offering evidence of his bad reputation. McKelvey, Ev., sec. 120. The. defense can only attack the reputation of deceased by showing his general character or reputation, which was…

1Opinion of the CourtFox, J.

This cause is here on appeal from a judgment of conviction in the circuit court of Pemiscot county of murder in the second degree. This prosecution is based upon an information filed by the prosecuting attorney of Pemiscot county charging George and Clifford Woodward with murder in the second degree. The correctness and validity of the information being challenged, it is well to reproduce it. It is as follows:

“In the circuit court of Pemiscot county, Missouri, To February term, 1904.
“State of Missouri, County of Pemiscot, ss.
“State of Missouri

v.

“George Woodward and Clifford Woodward.
“L. L.…

2Cases cited12 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. State v. GrantSupreme Court of Missouri · 1883
  3. State v. BlitzMissouri Court of Appeals · 1903
  4. State v. HerrellSupreme Court of Missouri · 1888
  5. State v. SpiveySupreme Court of Missouri · 1905

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. KenyonSupreme Court of Missouri · 1939
  2. State v. TalbertSupreme Court of Missouri · 1970
  3. In re CarlsonWisconsin Supreme Court · 1922
  4. State v. GarrettSupreme Court of Missouri · 1965
  5. Kelly v. PeopleIllinois Supreme Court · 1907

14 more not listed; retrieve them via the Exa API.

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