State v. Lockett
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No». N. D. Wood, Judge. (1) The newly-discovered evidence was not cumulative, no evidence of threats having been produced at the trial, coming to defendant after the trial, ¿nd no failure of diligence of defendant appearing. Even if it be doubtful how such evidence would affect the result in a new trial, the motion should be granted. State v. Bailey, 94 Mo. 311; State v. Murray, 91 Mo. 104; State v. Downs, 91 Mo. 19; Wharton Crim.
Read the full summary
Appeal from St. Louis City Circuit Court. — No». N. D. Wood, Judge. (1) The newly-discovered evidence was not cumulative, no evidence of threats having been produced at the trial, coming to defendant after the trial, ¿nd no failure of diligence of defendant appearing. Even if it be doubtful how such evidence would affect the result in a new trial, the motion should be granted. State v. Bailey, 94 Mo. 311; State v. Murray, 91 Mo. 104; State v. Downs, 91 Mo. 19; Wharton Crim. Evid. sec. 757. (2) (a) The law is plain that self-serving declarations are admissible if part of the res gestae, and it…
1Opinion of the CourtSherwood, P. J.
— Assault with intent to kill willfully, on purpose and of his malice aforethought George Carter, a negro, by shooting him with a pistol, was the charge which the grand jury preferred against Moses Lockett, also a negro; and on such charge the traverse jury found him guilty of such assault, and assessed his punishment at imprisonment in the penitentiary for the term of two years; hence, this appeal.
The circumstances which led to the shooting were in substance these: Defendant and Carter were both expressmen; rivals in that business, and stationed at the west end of Union Station on Twentieth…
2Cases cited2 opinions
- State v. PagelsSupreme Court of Missouri · 1887
- State v. GabrielSupreme Court of Missouri · 1886
3Cited by12 opinions
- State v. GadwoodSupreme Court of Missouri · 1938
- American Exchange Nat. Bank of Dallas v. KeeleyCourt of Appeals of Texas · 1931
- State v. HeathSupreme Court of Missouri · 1909
- State v. MayberrySupreme Court of Missouri · 1950
- State v. DoughertySupreme Court of Missouri · 1921
7 more not listed; retrieve them via the Exa API.