Legal Opinion

State v. Nocton

Supreme Court of Missouri

Decided May 8, 1894PublishedCited by 23 opinions

Appeal from Jaclcson Criminal Court. — Hon. John W* Woffobd, Judge. Defendant was indicted for the crime of murder in the first degree, perpetrated by shooting with a revolver, Gerald Olune. Nora Jones, his paramour, was indicted as an accomplice in the crime.

Read the full summary

Appeal from Jaclcson Criminal Court. — Hon. John W* Woffobd, Judge. Defendant was indicted for the crime of murder in the first degree, perpetrated by shooting with a revolver, Gerald Olune. Nora Jones, his paramour, was indicted as an accomplice in the crime. Though indicted and charged with murder in the first degree, the defendant Noeton, after being arraigned, with the assent of the prosecuting attorney, was permitted, with two sureties, to give bail in the sum of $1,0Q0 for his appearance at the next term of the court. Defendant-Jones was with the like assent also permitted to enter into…

1Opinion of the Court

Sherwood, I.

I. The first point for examination is the admissibility of the dying declarations already set forth. At first the trial court refused to admit them; but subsequently decided them to be competent. It belonged to that court to determine, as a preliminary question, whether such declarations were admissible,. Wharton’s Crim. Ev. [9 Ed.], sec. 297; State v. Simon, 50 Mo. 370. It is unnecessary to enter into the subject of dying declarations seeingthatthatsubject has so recently been fully discussed by us in State v. Johnson, 118 Mo. 491. The general rules applicable to the subject are'…

2Cases cited11 opinions

  1. Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
  2. State v. GilmoreSupreme Court of Missouri · 1888
  3. State v. HowardSupreme Court of Missouri · 1893
  4. State v. BryantSupreme Court of Missouri · 1890
  5. State v. NelsonSupreme Court of Missouri · 1893

6 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. TaylorSupreme Court of Missouri · 1896
  2. State v. SoperSupreme Court of Missouri · 1899
  3. State v. KennedySupreme Court of Missouri · 1903
  4. State v. BauerleSupreme Court of Missouri · 1898
  5. State v. EvansSupreme Court of Missouri · 1894

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API