Legal Opinion

State v. Davis

Supreme Court of Missouri

Decided December 1, 1920PublishedCited by 27 opinions

Appeal from Pemiscot Circuit Court, — Hon. Sterling H. McCarty, Judge. (1) The court erred in the admissibility of testimony. (a) The court erred in permitting the prosecuting attorney to ask and have answered questions calling for conclusions of the witnesses.

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Appeal from Pemiscot Circuit Court, — Hon. Sterling H. McCarty, Judge. (1) The court erred in the admissibility of testimony. (a) The court erred in permitting the prosecuting attorney to ask and have answered questions calling for conclusions of the witnesses. State v. Wertz, 191 Mo. 569; State v. Kozlictkie, 241 Mo. 301; State v. Bostwick, 245 Mo. 483; State v. Schlichter, 263 Mo. 561; State v. Evans, 267 Mo. 163; State v. Pate, 268 Mo. 431. (b) The court should have permitted State’s wittnesses to be cross-examined as to the birth of the illegitimate child of Little’s daughter. Muller v.…

1Opinion of the Court

On a trial in the Circuit Court of Pemiscot County the defendant, Sherwood Davis, known as "Bill" Davis, was convicted of murder in the second degree and his punishment assessed at imprisonment in the penitentiary for a term of fifteen years. From that judgment he appealed.

This is the second appearance of this case. The defendant was convicted on a former trial and appealed to this court where the judgment was reversed; the case is reported in 217 S.W. 87. The facts are fully stated in the opinion rendered at that time. The evidence on the latter trial varied very little, substantially, from…

2Cases cited4 opinions

  1. State v. PottsSupreme Court of Missouri · 1912
  2. State v. WertzSupreme Court of Missouri · 1905
  3. State v. RamseySupreme Court of Missouri · 1884
  4. State v. KozlickieSupreme Court of Missouri · 1912

3Cited by27 opinions

  1. State v. ShilkettSupreme Court of Missouri · 1947
  2. State v. GadwoodSupreme Court of Missouri · 1938
  3. State v. BagbySupreme Court of Missouri · 1936
  4. State v. BrothertonSupreme Court of Missouri · 1954
  5. State v. MontgomerySupreme Court of Missouri · 1952

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