State v. Pfeiffer
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Son. Leo• 8. ' Rassieur, Judge. (1) Evidence of previous assaults to which, the accused was not a party was erroneously admitted. The evidence seems to have been admitted on an assumed continuity of performance which the facts did not justify, (a) The town-meeting nature of the antecedent assaults, whose consequence was visited upon the appellant by the admission, was in itself sufficient for the exclusion of the evidence.
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Appeal from St. Louis City Circuit Court. — Son. Leo• 8. ' Rassieur, Judge. (1) Evidence of previous assaults to which, the accused was not a party was erroneously admitted. The evidence seems to have been admitted on an assumed continuity of performance which the facts did not justify, (a) The town-meeting nature of the antecedent assaults, whose consequence was visited upon the appellant by the admission, was in itself sufficient for the exclusion of the evidence. In other words, evidence should not be admitted which a court could not advise a jury to accept because of its incredibility,…
1Opinion of the CourtFaris, J.
Defendant was convicted of sodomy perpetrated, as it is averred, upon one Mary Emmenegger, and his punishment fixed by the jury at imprisonment in the penitentiary for a term of three years. This is the second appeal in, this case (See State v. Pfeifer, 267 Mo. 23), and the third time the bestial facts in evidence have been before us. (See State v. Katz, 266 Mo. 498). No occasion therefore is seen to again recite the facts shown upon the trial, since so much of the facts as we omit here, but which are necessary to an understanding of all the points raised, will be found set forth in the case…
2Cases cited18 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. HydeSupreme Court of Missouri · 1911
- State v. WalkerSupreme Court of Missouri · 1888
- State v. FaulknerSupreme Court of Missouri · 1903
- Barnes v. McMullinsSupreme Court of Missouri · 1883
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3Cited by5 opinions
- State v. RussellMissouri Court of Appeals · 1979
- St. Paul Fire & Marine Ins. v. Tire Clearing House, Inc.Court of Appeals for the Eighth Circuit · 1932
- Walker v. StateMissouri Court of Appeals · 1978
- State v. StokesSupreme Court of Missouri · 1921
- State v. DeckerSupreme Court of Missouri · 1937