State v. Headrick
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. Henry O. Riley, Judge. (1) The court erred in not permitting defendant to offer sworn oral testimony in support of his application for a change of venue in lieu of affidavits. The sworn oral testimony of a witness before a court is substantially an affidavit.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry O. Riley, Judge. (1) The court erred in not permitting defendant to offer sworn oral testimony in support of his application for a change of venue in lieu of affidavits. The sworn oral testimony of a witness before a court is substantially an affidavit. To deny the defendant the right of proving the substance of his application for a change of venue by the oral testimony of two or more creditable, disinterested citizens instead, of tire affidavits of such citizens is to permit the merest technicality to defeat the ends and the aims of…
1Opinion of the CourtGantt, P. J.
The defendant was indicted, tried and ■convicted of murder in the first degree at the adjourned August term, 1898, of the circuit court of Cape Girardeau county. After unsuccessful motions for a new trial and in. arrest of judgment he appeals to this court.
The evidence shows that the defendant had worked as a farm hand for the deceased, James Rail. Sometime in June, 1898, he was arrested for taking a horse and buggy belonging to some one (the record does not disclose whom), and appropriating it to his own use, and injuring the same, and was convicted of the misdemeanor, it seems. He was…
2Cases cited3 opinions
- State v. GilmoreSupreme Court of Missouri · 1892
- State v. NeidererSupreme Court of Missouri · 1887
- State v. LanahanSupreme Court of Missouri · 1898
3Cited by11 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Town of Checotah v. Town of EufaulaSupreme Court of Oklahoma · 1911
- State v. FoleySupreme Court of Missouri · 1913
- State ex rel. Hannon v. WoodsonMissouri Court of Appeals · 1900
- State v. KingSupreme Court of Missouri · 1906
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