State v. Houser
Supreme Court of Missouri
Appeal from St. Louis Criminal Cov/rt. Stephen H. Houser was indicted in Gasconade county for the murder of William D. Farris. The cause was removed by change of venue to the St. Louis criminal court. At the trial, at the May term, 1857, the deposition of one Mary Henson, taken before the examining magistrate, was read in evidence against the defendant.
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Appeal from St. Louis Criminal Cov/rt. Stephen H. Houser was indicted in Gasconade county for the murder of William D. Farris. The cause was removed by change of venue to the St. Louis criminal court. At the trial, at the May term, 1857, the deposition of one Mary Henson, taken before the examining magistrate, was read in evidence against the defendant. It appeared that at the time of the homicide — July, 1853 — said Mary Henson resided in Gasconade county; that when the venue was changed she was recognized to appear in the St. Louis criminal court; that she did appear in the court at the…
1Opinion of the CourtNapton, Judge
The principal question in this case is, whether the deposition of a witness taken before the examining court can be used against the prisoner on his trial, it appearing that the witness is beyond the jurisdiction of the court.
In the case of the State v. McO’Blenis, 24 Mo. 402, it was held, that where the witness was dead his deposition was admissible. The propriety of this decision has been questioned, and the subject has again been elaborately discussed with a view to its examination by this court as it is now constituted. This investigation by this court has been made, and it will be…
2Cases cited3 opinions
- State v. McO'BlenisSupreme Court of Missouri · 1857
- Jordan v. StateSupreme Court of Alabama · 1849
- McKeen v. HarwoodSupreme Court of Alabama · 1849
3Cited by35 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Davis v. WashingtonSupreme Court of the United States · 2006
- People v. MonterrosoCalifornia Supreme Court · 2004
- People v. D'ArcyCalifornia Supreme Court · 2010
- Leon Davis, Jr. v. State of FloridaSupreme Court of Florida · 2016
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