State v. Raven
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hon. T. H. Bacon, Judge. (1) The declarations of the party assaulted, made some time after the assault, although in palliation of defendant’s act, are inadmissible. State v. Jackson, 17 Mo. 544. '(2) Statements made to third parties by the injured party, subséquent to the injury, are inadmissible when alleged to have been made some time after the injury, and clearly not in articulo mortis.
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Appeal from Marion Circuit Court. — Hon. T. H. Bacon, Judge. (1) The declarations of the party assaulted, made some time after the assault, although in palliation of defendant’s act, are inadmissible. State v. Jackson, 17 Mo. 544. '(2) Statements made to third parties by the injured party, subséquent to the injury, are inadmissible when alleged to have been made some time after the injury, and clearly not in articulo mortis. Wharton on Criminal Evidence [9 Ed.] sec. 271, p. 202; State v. Gedicke, 43 N. J. L. 86. (3) Our supreme court adheres to the rule that in impeaching a witness, inquiry…
1Opinion of the CourtGantt, P. J.
The defendant was indicted on the thirteenth day of'January, 1892, in the Hannibal court of common pleas. She was charged with murder in the first degree of John Washington on the twenty-third *421day of October, 1891. Tbe indictment was in tbe nsnal form and was sufficient. She was arraigned and a plea of not guilty entered and was awarded, on her application, a change of venue to the circuit court at Palmyra. She was tried at the J une term and convicted of manslaughter in the second degree and her punishment assessed at five years in the penitentiary, and from this sentence she has appealed.
She…
2Cases cited10 opinions
- State v. GrantSupreme Court of Missouri · 1882
- State v. ShroyerSupreme Court of Missouri · 1891
- State v. LinneySupreme Court of Missouri · 1873
- State v. RiderSupreme Court of Missouri · 1888
- State v. JacksonSupreme Court of Missouri · 1853
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3Cited by8 opinions
- State v. BecknerSupreme Court of Missouri · 1906
- State v. PollardSupreme Court of Missouri · 1903
- State v. MaupinSupreme Court of Missouri · 1906
- State v. AmosSupreme Court of Missouri · 1977
- State v. CarsonSupreme Court of Missouri · 1956
3 more not listed; retrieve them via the Exa API.