State v. Philpott
Supreme Court of Missouri
Appeal from Livingston Circuit Conrt. — Hon. A. B. Davis, Judge. (1) The court committed error in permitting testimony of witnesses used by tbe State, over tbe objection of the defendant, to prove tbe defendant’s reputation for morality was bad, because the - only issue, if competent at all, would be tbe question of truth and veracity, and not of morality or general worth.
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Appeal from Livingston Circuit Conrt. — Hon. A. B. Davis, Judge. (1) The court committed error in permitting testimony of witnesses used by tbe State, over tbe objection of the defendant, to prove tbe defendant’s reputation for morality was bad, because the - only issue, if competent at all, would be tbe question of truth and veracity, and not of morality or general worth. State, v. Wertz, 195 Mo. 579. (2) At tbe close of all tbe testimony, when all tbe evidence was in, and tbe degree of the crime, if any committed, could be ascertained by tbe conrt, tbe defendant insisted that tbe court…
1Opinion of the CourtKennish, J.
This is an appeal from the circuit court of Livingston county. Appellant, William Philpott, at the January term, 1910, of said circuit conrt, was convicted of murder in the second degree for having killed John Shellhorn by stabbing him in the neck with a butcher knife. The jury assessed his punishment at imprisonment in the penitentiary for a term of ten years, and from the sentence pronounced and judgment entered he appealed to this court.
The State introduced evidence tending to show the following facts:
The defendant, a man sixty-four years of age at the time of the homicide, lived in the…
2Cases cited11 opinions
- State v. BecknerSupreme Court of Missouri · 1906
- State v. CushenberrySupreme Court of Missouri · 1900
- State v. GartrellMissouri Court of Appeals · 1903
- State v. BidstrupSupreme Court of Missouri · 1911
- State v. WeedenSupreme Court of Missouri · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. CreightonSupreme Court of Missouri · 1932
- State v. WrightSupreme Court of Missouri · 1943
- State v. YoungMissouri Court of Appeals · 1980
- State v. MoreauxSupreme Court of Missouri · 1914
- State v. StidhamSupreme Court of Missouri · 1953
2 more not listed; retrieve them via the Exa API.