State v. Brown
Supreme Court of Missouri
Appeal from Crawford Circuit Court. — -Ho». L. B. Woodside, Judge. (1) The court erred in the abuse of its judicial discretion in permitting witness Josbua Brown to testify, because be was incompetent, being a person deficient in understanding. 1 Greenl. Ev. (Redf.
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Appeal from Crawford Circuit Court. — -Ho». L. B. Woodside, Judge. (1) The court erred in the abuse of its judicial discretion in permitting witness Josbua Brown to testify, because be was incompetent, being a person deficient in understanding. 1 Greenl. Ev. (Redf. Ed.), pp. 413, 414; see. 4659, R. S. 1809'; Ridenour v. Railroad, 102 Mo. 288; State v. Nelson, 132 Mo. 198, (2) The testimony of Laura Brown with reference to previous acts of defendant ought not to have been admitted, because it does not detail any specific previous acts of unchastity by defendant nor refer to any particular time…
1Opinion of the CourtBurgess, J.
The defendant, at the June term, 1907, of the circuit court of Crawford county, was convicted of the crime of incest, under an information filed by the prosecuting attorney of said county, charging him with the commission of said offense with his daughter, Laura Brown, on the 1st day of April, 1907. His punishment was assessed at three years in the penitentiary. After filing unsuccessful motions for a new trial and in arrest, defendant appealed.
*416The evidence on the part of the State was to the following effect: The defendant had been divorced from his wife some twelve years, and was living…
2Cases cited2 opinions
- Margrave v. AusmussSupreme Court of Missouri · 1873
- State v. AdamsSupreme Court of Missouri · 1891
3Cited by15 opinions
- State v. HortonSupreme Court of Missouri · 1913
- State v. TevisSupreme Court of Missouri · 1911
- State v. BurtonSupreme Court of Missouri · 1946
- State v. AndersonSupreme Court of Missouri · 1913
- State v. GordenSupreme Court of Missouri · 1947
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