State v. Roberts
Supreme Court of Missouri
APPEAL from St. Louis Criminal Court. I. The court below erred in admitting the dying declarations of Ephraim Hibler, because, as shown by 1he evidence,.the same were not his own voluntary statements, but were drawn from deceased by one who went to collect testimony against the defendant. Hence the influences operating upon the mind of the witness, whose dying declarations are sought to be introduced, were not such as would dispense with the necessity of an oath. II.
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APPEAL from St. Louis Criminal Court. I. The court below erred in admitting the dying declarations of Ephraim Hibler, because, as shown by 1he evidence,.the same were not his own voluntary statements, but were drawn from deceased by one who went to collect testimony against the defendant. Hence the influences operating upon the mind of the witness, whose dying declarations are sought to be introduced, were not such as would dispense with the necessity of an oath. II. That the court below erred in admitting evidence going to shotv that before the time of the arrest the defendant was a vagrant.…
1Opinion of the CourtRyeand, J.
The defendant was indicted together with Richard Jones for the murder of Ephraim Hibler, in the city of St. Louis, in May, 1850.
There was evidence showing that Hibler was a policeman, one of the night watch of the city; that he attempted to arrest the defendant, and was by him killed,-by pistol shot, during the attempt to arrest.
The defendant, John Roberts alias John Ward, was found guilty of murder in the first degree; he appealed to this court, and the judgment of the criminal court was reversed and the caused remanded.
It appeared by the record of the first trial, that Roberts had been…
2Cases cited1 opinion
- People v. WilliamsNew York Supreme Court · 1838
3Cited by10 opinions
- Adams v. StateSupreme Court of Florida · 1891
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. Chyo ChiagkSupreme Court of Missouri · 1887
- Kick v. MerrySupreme Court of Missouri · 1856
- State v. BurnsideSupreme Court of Missouri · 1866
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