State v. Elkins
Supreme Court of Missouri
Avpeal from Ripley Circuit Court. — Hon. John Gf. Wear, Judge. (1) The court erred in overruling defendant’s peremptory challenge of the juror J. N. Poynor. State v. Bumsrill, 87 Mo. 343; State v. Wyatt, 50 Mo. 309; State v. Taylor, 04 Mo. 358. (2) The testimony was not sufficient to support the verdict. (3) The court erred in not excluding statements of deceased to the witness Caughron.
Read the full summary
Avpeal from Ripley Circuit Court. — Hon. John Gf. Wear, Judge. (1) The court erred in overruling defendant’s peremptory challenge of the juror J. N. Poynor. State v. Bumsrill, 87 Mo. 343; State v. Wyatt, 50 Mo. 309; State v. Taylor, 04 Mo. 358. (2) The testimony was not sufficient to support the verdict. (3) The court erred in not excluding statements of deceased to the witness Caughron. State v. Simon, 50 Mo. 370 ; State v. McCannon, 51 Mo. 160; State v. Draper, 65 Mo. 335 ; State v. Rider, 90 Mo. 55. (4) The court erred in refusing to permit witness Logan to state what was said by Whitwell…
1Opinion of the CourtBlack, J.
Joseph Elkins, the defendant, was convicted of murder in the second degree for killing Lemuel A. Morrison on the eighth of February, 1886; his punishment being fixed at ten years’ imprisonment.
*347From the evidence it appears the defendant, the deceased, John Logan and David Tarleton were at a store in the afternoon of the eighth of February, 1886. Morrison, the deceased, left the store and went to the house of Mrs. Ann Elkins, which was about a half mile distant. The defendant, Logan and Tarleton followed him, all carrying shotguns. When leaving the store the defendant swore he would run the…
2Cases cited8 opinions
- State v. KilgoreSupreme Court of Missouri · 1879
- State v. CunninghamSupreme Court of Missouri · 1889
- State v. McDonaldSupreme Court of Missouri · 1885
- State v. McCanonSupreme Court of Missouri · 1872
- State v. BryantSupreme Court of Missouri · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Middleton v. Kansas City Public Service Co.Supreme Court of Missouri · 1941
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Baker v. StateWisconsin Supreme Court · 1894
- Pendleton v. CommonwealthSupreme Court of Virginia · 1921
- Senn v. Southern Railway Co.Supreme Court of Missouri · 1891
9 more not listed; retrieve them via the Exa API.