State v. Mann
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Hon. M. G. McGregor, Judge. (1) The court sh.ou.ld have sustained the motion to quash the indictment because not returned into court by the grand jury. R. S. sec. 1797. (2) The testimony of the witness, Stevens, should have been withdrawn on application therefor, it having been given on misinformation, or if once admitted should have been held to be the testimony of said witness.
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Appeal from Newton Circuit Court. — Hon. M. G. McGregor, Judge. (1) The court sh.ou.ld have sustained the motion to quash the indictment because not returned into court by the grand jury. R. S. sec. 1797. (2) The testimony of the witness, Stevens, should have been withdrawn on application therefor, it having been given on misinformation, or if once admitted should have been held to be the testimony of said witness. R. S. sec. 1886. (3) The court erred in refusing instructions as asked by defendant. State v. Talbott, 73 Mo. 352; Wills’ Circum Ev. pp. 47 and 77; 1 Greenlf. Ev., p. 243. (4) The…
1Opinion of the CourtHeney, C. J.
The defendant was indicted in the circuit court of McDonald county at the February term, 1884, for the murder of one A. W. Chenowith, and the cause was taken to Newton county by change of venue. Át the August term, 1884, he was tried and found guilty of murder in the first degree, and from the judgment has appealed to this courb. He made an application for a continuance, based upon the absence of witnesses whose testimony he deemed material, and the prosecuting attorney, agreeing that the defendant’s affidavit, wherein it stated what the witnesses would testify to, might be read as their…
2Cases cited9 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- People v. MurphyCalifornia Supreme Court · 1872
- Shoeffler v. StateWisconsin Supreme Court · 1854
- People v. ReyesCalifornia Supreme Court · 1855
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3Cited by36 opinions
- Spicer v. StateSupreme Court of Alabama · 1914
- State v. BrookshireSupreme Court of Missouri · 1962
- State v. GranberrySupreme Court of Missouri · 1972
- State v. BrownSupreme Court of Missouri · 1977
- State v. TigheMontana Supreme Court · 1903
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