State v. McCoy
Supreme Court of Missouri
Appeal from LaFayette Criminal Cowrt. — Hon. John E. Ryland, Judge. ' (1) The testimony sought to be elicited from the defendant by his counsel as to deceased telling him that a man by the name of Wood had come to see her, and had threatened her, was properly excluded. “Declarations of a person, in order to be received in evidence, must be contemporaneous and connected with the principal fact, constitute part of the res gestae or serve to illustrate such principal fact.”
Read the full summary
Appeal from LaFayette Criminal Cowrt. — Hon. John E. Ryland, Judge. ' (1) The testimony sought to be elicited from the defendant by his counsel as to deceased telling him that a man by the name of Wood had come to see her, and had threatened her, was properly excluded. “Declarations of a person, in order to be received in evidence, must be contemporaneous and connected with the principal fact, constitute part of the res gestae or serve to illustrate such principal fact.” State v. Hay, 100 Mo. 248, and authorities cited; State v. Snell, 78 Mo. 240; State v. Evans, 65 Mo. 574; State v. Umfried,…
1Opinion of the CourtGantt, P. J.
The defendant was indicted at the April term, 1891, of the criminal court of Jackson county for murder in the first degree, for the killing of one Mollie Magruder in said county on the fifth day of April, 1891, by striking her on the head with a stone and inflicting thereby a * mortal wound from which she instantly died. He was duly arraigned, a plea of not guilty entered, and the cause set down for trial June 8, 1891. On his application a change of venue was awarded, and the cause removed to the criminal court of LaEayette county. At the October term of the LaEayette criminal court, the…
2Cases cited8 opinions
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. CurtisSupreme Court of Missouri · 1879
- State v. ReevesSupreme Court of Missouri · 1888
- State v. BaileySupreme Court of Missouri · 1887
- State v. ShroyerSupreme Court of Missouri · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- State v. DettmerSupreme Court of Missouri · 1894
- State v. EarllSupreme Court of Missouri · 1910
- Bergman v. K.O.T.M.Missouri Court of Appeals · 1920
- Bergman v. Supreme Tent, Knights of the Maccabees of the WorldMissouri Court of Appeals · 1920
1 more not listed; retrieve them via the Exa API.