Legal Opinion

State v. Simmons

Supreme Court of Missouri

Decided November 5, 1894PublishedCited by 7 opinions

Appeal from Newton Circuit Court.—Hon. J. C. Lamson, Judge. (1) Upon a trial for murder, threats or declarations of the deceased, that that she intended to commit suicide, are admissible on the part of the defendant, especially when the evidence of the corpus delicti is purely circumstantial.

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Appeal from Newton Circuit Court.—Hon. J. C. Lamson, Judge. (1) Upon a trial for murder, threats or declarations of the deceased, that that she intended to commit suicide, are admissible on the part of the defendant, especially when the evidence of the corpus delicti is purely circumstantial. Persons v. State, 90 Tenn. 291; Blackburn v. Stmte, 23 Ohio St. 146; State v. Crank, Bail Court R. 66; Little v. Lebby, 2 Greene, 242; Kimball v. Morrell, 4 Greene, 368; Gorham v. Canton, 5 'Greene, 266; State v. Powell, 2 Halst. 244; State v. Moxley, 102 Mo. 374. (2) The testimony of Captain Lacy that…

1Opinion of the CourtGantt, P. J.

The defendant was indicted at the February term, 1893, of the circuit court of McDonald *445comity, for the murder of Mary Lula Noel in December, 1892. The first count charges that .the murder was committed with a blunt instrument; the second, that the defendant choked and strangled the deceased; the third, that the murder was committed in some way and manner by means of instruments and weapons to the grand jurors unknown. This indictment was duly signed, attested, returned into open court and filed, and upon it were indorsed the names of the witnesses for the state.

At the same term the'…

2Cases cited1 opinion

  1. State v. ClarkSupreme Court of Missouri · 1894

3Cited by7 opinions

  1. Graham v. DeguireSupreme Court of Missouri · 1900
  2. O'Bannon v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
  3. Union National Bank v. BarkerSupreme Court of Missouri · 1898
  4. Becker v. County CourtMissouri Court of Appeals · 1909
  5. State Ex Rel. Allison v. BufordSupreme Court of Missouri · 1935

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