Legal Opinion

State v. Minor

Supreme Court of Missouri

Decided June 27, 1893PublishedCited by 15 opinions

Appeal from Morgan Circuit Court. — Hon. J. R. Edwards, Judge. * (I) Error was committed by the trial court in permitting Jarrett Fowler, jointly indicted with the defendant, but not put upon his trial with him, to testify on behalf of the state and against the defendant.

Read the full summary

Appeal from Morgan Circuit Court. — Hon. J. R. Edwards, Judge. * (I) Error was committed by the trial court in permitting Jarrett Fowler, jointly indicted with the defendant, but not put upon his trial with him, to testify on behalf of the state and against the defendant. Revised Statutes, 1889, see. 4217; 1 Bishop on Criminal Prosecutions, sec. 1020-, State v. Chyo Chiagk, 92 Mo. 396; State v. Clump, 16 Mo. 383; State v. Underwood, 57 Mo. 40; State v. Walker, 98 Mo. 103. The testimony of a defendant against his codefendant is not admissible as long as he remains a party to the record. 1…

1Opinion of the CourtBurgess, J.

— At the February term, 1892, of the circuit court of Morgan county the defendant, a negro, and one Fowler were convicted of burglary in the second degree under a joint indictment against them. Defendant Minor was granted a new trial, and upon. *305another trial at the same term was again convicted of burglary in the second degree, his punishment assessed at eight years in the penitentiary and after unsuccessful motions for new trial and in arrest he appealed to this court.

On the trial of defendant the state was permitted, over his objection, to introduce as a witness against him, Jarrett Eowler,…

2Cases cited4 opinions

  1. State v. JacksonSupreme Court of Missouri · 1891
  2. State v. TaylorSupreme Court of Missouri · 1889
  3. State v. HarkinsSupreme Court of Missouri · 1890
  4. State v. NelsonSupreme Court of Missouri · 1889

3Cited by15 opinions

  1. People v. . MayhewNew York Court of Appeals · 1896
  2. State v. MarcksSupreme Court of Missouri · 1897
  3. State v. WoodsSupreme Court of Missouri · 1940
  4. State v. MyersSupreme Court of Missouri · 1906
  5. State v. DalySupreme Court of Missouri · 1908

10 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