State v. Walker
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Ho». Arch B. Davis, Judge. (1) In cases of conflicting affidavits, where the credibility of the proposed new witness is involved, the court should not assume the- functions of a jury, hut should grant a new trial. 14 Ency.
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Appeal from Daviess Circuit Court. — Ho». Arch B. Davis, Judge. (1) In cases of conflicting affidavits, where the credibility of the proposed new witness is involved, the court should not assume the- functions of a jury, hut should grant a new trial. 14 Ency. PL & Pr., pp. 794, 795, and cases cited under note 2, p. 795. (2) The proposed evidence is not cumulative, even though it is additional to other evidence tending to prove the same thing, where it is of a different character and proof of a new and distinct fact. State v. Curtis, 77 Mo. 267; State v. Murray, 91 Mo. 103; 14 .Ency. PI. &i…
1Opinion of the Court
WILLIAMS, C.
Defendant was tried in the circuit court of Daviess county, upon an information charging him with having carnal knowledge of an unmarried female of previous chaste character, between the ages of fourteen and eighteen years, was found guilty, and his punishment assessed at imprisonment in the penitentiary for a term of two years.
The State’s evidence disclosed that the defendant and the prosecuting witness were negroes, and that at the time the offense was committed the prosecuting witness was fifteen and the defendant about thirty-two years of age. In October, 1910, Nettie, the…
2Cases cited4 opinions
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
- State v. MoberlySupreme Court of Missouri · 1894
- Merchants' & Manufacturers' Insurance v. CurranSupreme Court of Missouri · 1869
- Schmitt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
3Cited by1 opinion
- State v. MurphySupreme Court of Missouri · 1930