State v. Swisher
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. Jesse A. McDonald, Judge. (1) The admission of officer Michael Cremins’ testimony of a statement made by defendant to the police was error. This testimony as submitted was entirely inadmissible, and its admission is fatal error, for the reason that it was used to attack the credibility of the witnesses who swore to the defendant’s alibi, and was in its nature prejudicial to the defendant’s case in the minds of the jury.
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Appeal from St. Louis City Circuit Court. — Row. Jesse A. McDonald, Judge. (1) The admission of officer Michael Cremins’ testimony of a statement made by defendant to the police was error. This testimony as submitted was entirely inadmissible, and its admission is fatal error, for the reason that it was used to attack the credibility of the witnesses who swore to the defendant’s alibi, and was in its nature prejudicial to the defendant’s case in the minds of the jury. Bates v. Halliday, 31 Mo. App. 162; Green v. State, 13 Mo. 382; State v. Marshall, 36 Mo. 400; State v. Nocton, 121 Mo. 552.…
1Opinion of the CourtGantt, J.
— On an indictment for robbery in tbe first degree, preferred by the grand jury of tbe city of St. Lonis on December 22, 1903, tbe defendant was convicted and sentenced to tbe penitentiary for ten years. From that sentence be appeals.
James Mosier, tbe prosecuting witness, testified that be reached St. Louis on tbe ninth day of December, 1903, at 8:30 o’clock, in tbe evening of that day, and went to 1214 North First street, in St. Louis, in order to procure board and a room. He bad previously lived at this bouse. On arriving there, be ascertained that be could not, at that time, procure…
2Cases cited9 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. YoungSupreme Court of Missouri · 1889
- State v. ShipleySupreme Court of Missouri · 1903
- State v. MullinsSupreme Court of Missouri · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. CameronMissouri Court of Appeals · 1980
- State v. FrankovigliaSupreme Court of Missouri · 1974
- State ex rel. Audrain County v. HackmannSupreme Court of Missouri · 1918
- State v. SmithSupreme Court of Missouri · 1905
- State v. MyersSupreme Court of Missouri · 1906
12 more not listed; retrieve them via the Exa API.