State v. Colvin
Supreme Court of Missouri
lAppleal from Clark Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) It was error to permit Mrs. Murphy, wife of deceased, to detail a statement made by Murphy as to the facts of the difficulty between him and the defendant. Her testimony of what Murphy said was hearsay, and could have been admissible only on the theory that Mnrphy’s statement was his dying declaration. It was not a dying declaration, and her testimony was not competent on any theory.
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lAppleal from Clark Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) It was error to permit Mrs. Murphy, wife of deceased, to detail a statement made by Murphy as to the facts of the difficulty between him and the defendant. Her testimony of what Murphy said was hearsay, and could have been admissible only on the theory that Mnrphy’s statement was his dying declaration. It was not a dying declaration, and her testimony was not competent on any theory. State v. Johnson, 118 Mo. 491; State v. Craig, 190 Mo. 338; State v. Brown, 188 Mo. 460; State v. Hendricks, 172 Mo. 671; State v. Garth, 164…
1Opinion of the CourtGantt, P. J.
This prosecution was commenced by the prosecuting attorney.of Clark county, by information, on June 17, 1907. The prosecuting attorney of said county filed in the circuit court an amended information in due form, charging the defendant with murder in the second degree in the killing of one Joseph Murphy, on January 10, 1907, by striking, hitting, beating, pushing, knocking and by throwing said deceased with great force upon the frozen .ground.
The defendant was duly arraigned and pleaded not guilty. He was put on his trial before a jury, and on the 18th of October, 1907, he was convicted of…
2Cases cited11 opinions
- State v. CurtisSupreme Court of Missouri · 1879
- Keenan v. StateWisconsin Supreme Court · 1859
- State v. NoctonSupreme Court of Missouri · 1894
- State v. BurkSupreme Court of Missouri · 1886
- State v. DavidsonSupreme Court of Missouri · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. SpicaSupreme Court of Missouri · 1965
- State v. JonesSupreme Court of South Carolina · 1925
- State v. NauckeSupreme Court of Missouri · 1992
- State v. StringerSupreme Court of Missouri · 1948
- State v. OdomSupreme Court of Missouri · 1962
14 more not listed; retrieve them via the Exa API.