State v. Newcomb
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Row. Henry C. Riley, Judge. (1) (a) It was an error for the trial court to permit practically all of the witnesses for the State to detail to the jury conversations and statements of Mrs. S. A. Newcomb, made by her out of the hearing and not in the presence of defendant. Not alone were her statements and conversations thus made, permitted by the court to be shown, but her acts, her demeanor and her emotions, also.
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Appeal from Pemiscot Circuit Court. — Row. Henry C. Riley, Judge. (1) (a) It was an error for the trial court to permit practically all of the witnesses for the State to detail to the jury conversations and statements of Mrs. S. A. Newcomb, made by her out of the hearing and not in the presence of defendant. Not alone were her statements and conversations thus made, permitted by the court to be shown, but her acts, her demeanor and her emotions, also. The record overflows with things Mrs. Newcomb said and did and looked and acted. In law such things are said to be res inter alios, and not…
1Opinion of the CourtGantt, P. J.
This is an appeal from the circuit court of Pemiscot county. Defendant was charged, by an indictment found by the grand jury of said county, with having, on the---day of December, 1907, committed upon one Frances McCants, a female *58child under the age of fourteen years, the crime of rape.
This indictment was filed on the 2nd day of March, 1907. Defendant was tried at the November term, 1907, and a mistrial resulted. He was again put upon trial at the February term, 1908. The latter trial resulted in a verdict of guilty, and the assessment against him of the penalty of imprisonment in the…
2Cases cited4 opinions
- State v. HeightSupreme Court of Iowa · 1902
- State v. YoungSupreme Court of Missouri · 1894
- State v. FoleySupreme Court of Missouri · 1898
- State v. RothschildSupreme Court of Missouri · 1878
3Cited by37 opinions
- State v. OwensSupreme Court of Missouri · 1924
- State v. CramOregon Supreme Court · 1945
- State v. SwinburneSupreme Court of Missouri · 1959
- State v. TalbertSupreme Court of Missouri · 1970
- United States v. Jose ClariotCourt of Appeals for the Sixth Circuit · 2011
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