State v. Duncan
Supreme Court of Missouri
Appeal from Webster County Circuit Court. I. The court erred in receiving in evidence the statements of Brown and Flynn, not made in the presence of defendant, and made some time after the crime was committed. Those statements were a narrative of past events and not made in the furtherance of any criminal enterprise. They were not a part of the res gestee. (State vs. Ross, 29 Mo. 32, see p. 50, 1 Greenl. Ev., §§ 233, 111; Ladd vs. Couzins, 35 Mo. 513-516 ; 1 Phil.
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Appeal from Webster County Circuit Court. I. The court erred in receiving in evidence the statements of Brown and Flynn, not made in the presence of defendant, and made some time after the crime was committed. Those statements were a narrative of past events and not made in the furtherance of any criminal enterprise. They were not a part of the res gestee. (State vs. Ross, 29 Mo. 32, see p. 50, 1 Greenl. Ev., §§ 233, 111; Ladd vs. Couzins, 35 Mo. 513-516 ; 1 Phil. Ev.. [4 Am. Ed. E. & 0.], 208; State vs. Thibeau, 30 Vt. 100; 1st. Am. Go. Law, [6 ed.] 702 ; 2 Russ. Crimes, 697; United States…
1Opinion of the CourtHenry, Judge
At the March term, 1870, of the Polk Circuit Court, defendant and others were jointly indicted for grand larceny, and charged with having stolen a mare, the property of Frederick Gesley. Subsequently, on defendant’s application, a change of venue was awarded to Webster county, and on a separate trial of the cause in that court, at the September term, 1873, the jury returned a verdict of guilty against the defendant, and assessed his punishment at two years’ imprisonment in the penitentiary.
In due time he filed his motion for a new trial, which the court overruled, and thereupon judgment was…
2Cases cited3 opinions
- Reed v. ConwaySupreme Court of Missouri · 1854
- State v. ThibeauSupreme Court of Vermont · 1858
- Warder v. EvansSupreme Court of Missouri · 1830
3Cited by20 opinions
- People v. WeissCalifornia Supreme Court · 1958
- State v. ChernickSupreme Court of Missouri · 1955
- State v. . WhitenerSupreme Court of North Carolina · 1926
- Jenkins v. StateSupreme Court of Florida · 1895
- State v. ChernickSupreme Court of Missouri · 1955
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