State v. Ferrell
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Eon. A. W. Walker, Special Judge. . (1) The evidence that William Grider was shot at prior to June 17, 1909,' was clearly inadmissible and prejudicial, since it.was not shown by credible testimony that appellant was in any way responsible for the firing of the shot. All that the testimony discloses is that a shot was fired in the vicinity of Grider’s home..
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Appeal from Callaway Circuit Court. — Eon. A. W. Walker, Special Judge. . (1) The evidence that William Grider was shot at prior to June 17, 1909,' was clearly inadmissible and prejudicial, since it.was not shown by credible testimony that appellant was in any way responsible for the firing of the shot. All that the testimony discloses is that a shot was fired in the vicinity of Grider’s home.. There is not a syllable of testimony that tends to fasten responsibility for such act upon appellant. It is merely shown that it was possible for him to have fired the shot. By this testimony Grider…
1Opinion of the CourtBrown, J.
Defendant was convicted of murder in the second degree for the alleged killing of one William Moore, in Callaway county, on June 17, 1909. From a judgment sentencing him to the penitentiary for ten years he appeals to this court.
*455AY. C. Ferrell (the defendant), J. F. Liggett, J. L. Dunn, Mollie Liggett and Charles Ferrell were jointly charged by indictment with murder in the first degree; and the defendant having secured a severance, was separately tried on March 28, 1910. At the conclusion of the evidence the State elected to abandon the charge of murder in the first degree and ask only for a…
2Cases cited3 opinions
- State v. WeaverSupreme Court of Missouri · 1901
- State v. GravesSupreme Court of Missouri · 1888
- State v. JamesSupreme Court of Missouri · 1909
3Cited by8 opinions
- State v. FrankovigliaSupreme Court of Missouri · 1974
- State v. LarkinSupreme Court of Missouri · 1913
- State v. DonaldsonSupreme Court of Missouri · 1912
- State v. PrinceSupreme Court of Missouri · 1914
- State v. HunterMissouri Court of Appeals · 1977
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