State v. Good
Missouri Court of Appeals
Appeal from, the Cooper Circuit Court, — Ron. E. L. Edwards, Judge. (1) It has been expressly held, that testimony as to a former prosecution of defendant for seduction of the woman, whom he subsequently married, was inadmissible, where defendant was upon trial for wife abandonment. The admission of such evidence was declared erroneous, and ground for reversal. “It was a matter wholly distinct from, and independent of, any connection with, the present charge.”
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Appeal from, the Cooper Circuit Court, — Ron. E. L. Edwards, Judge. (1) It has been expressly held, that testimony as to a former prosecution of defendant for seduction of the woman, whom he subsequently married, was inadmissible, where defendant was upon trial for wife abandonment. The admission of such evidence was declared erroneous, and ground for reversal. “It was a matter wholly distinct from, and independent of, any connection with, the present charge.” Testimony relating to a former prosecution for seduction was held not admissible on any grounds. State v. Wonderly, 17 Mo. App. 597.…
1Opinion of the CourtGill, J.
Defendant was indicted for abandoning and failing, neglecting and refusing to support his wife and infant child. On a trial before jury he was convicted, and his punishment fixed at six months’ imprisonment in the county jail and afine of $500, as provided for in section 8501, Revised Statutes, 1889. The defendant appealed.
A review of this record forces us to conclude that defendant did not have that fair and impartial trial to which he is entitled under the law. In the course of the trial, and in the presence of the jury, the state was, over defendant’s objections, allowed repeatedly to…
2Cases cited1 opinion
- State v. WonderlyMissouri Court of Appeals · 1885
3Cited by1 opinion
- State v. TietzMissouri Court of Appeals · 1915