Legal Opinion

State v. Kelleher

Supreme Court of Missouri

Decided March 5, 1907PublishedCited by 19 opinions

Appeal from St. Louis City Circuit Court. — Now. Robert M. Foster, Judge. (1) Error was committed by tbe circuit attorney and tbe court in violating tbe provisions of section 2638, by referring to tbe right of tbe defendant to testify in tbe presence of tbe jury and while discussing tbe admissibility of testimony. State v. Weaver, 165' Mo. 13; State v. Guinn, 174 Mo. 686; State v. Snyder, 182 Mo. 462; McKnight v. U. S., 54 U. S. Cir. Ct.

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Appeal from St. Louis City Circuit Court. — Now. Robert M. Foster, Judge. (1) Error was committed by tbe circuit attorney and tbe court in violating tbe provisions of section 2638, by referring to tbe right of tbe defendant to testify in tbe presence of tbe jury and while discussing tbe admissibility of testimony. State v. Weaver, 165' Mo. 13; State v. Guinn, 174 Mo. 686; State v. Snyder, 182 Mo. 462; McKnight v. U. S., 54 U. S. Cir. Ct. App, 367; Wilson v. U. S., 149 U. S. 60; Yarbrough v. State, 70 Miss. 593; State v. Baldoser, 88 Iowa 56; State v. Graham, 62 Iowa 111; State v. Ryan, 70…

1Opinion of the CourtBurgess, J.

Defendant was convicted in. the circuit court of the city of St. Louis of murder in the second degree, and his punishment fixed at twenty-five years’ imprisonment in the penitentiary, under an indictment preferred against him by the grand jury of said city charging him with murder in the first degree, in having at said city, on the 29th day of January, 1905, shot with a pistol one Thomas Sullivan, from the effects of which said shot said Sullivan, at said city, to-wit, on the 2d day of February, 1905, died. Defendant appeals.

The shooting occurred at Walsh’s saloon, at the northeast comer of…

2Cases cited29 opinions

  1. Wilson v. United StatesSupreme Court of the United States · 1893
  2. State v. TaylorSupreme Court of Missouri · 1896
  3. State v. PartlowSupreme Court of Missouri · 1886
  4. Coleman v. StateIndiana Supreme Court · 1887
  5. State v. FoleySupreme Court of Missouri · 1898

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3Cited by19 opinions

  1. State v. NeffSupreme Court of Missouri · 1998
  2. State v. SuttonSupreme Court of Missouri · 1970
  3. People v. . FallettoNew York Court of Appeals · 1911
  4. State v. GreggSupreme Court of Missouri · 1966
  5. State v. DipleySupreme Court of Missouri · 1912

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