State v. Phelps
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — W. A. Love, Esq., Special Judge. (1) Defendant was forced to trial, and witnesses sworn against Mm whose names were not endorsed on the indictment, and of whom he had no knowledge until they were put upon the stand when, of course, he had no opportunity to procure rebutting testimony.
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Appeal from Douglas Circuit Court. — W. A. Love, Esq., Special Judge. (1) Defendant was forced to trial, and witnesses sworn against Mm whose names were not endorsed on the indictment, and of whom he had no knowledge until they were put upon the stand when, of course, he had no opportunity to procure rebutting testimony. (2) The principal point relied on is that the court erred in permitting the identity of the stolen goods to be proven without their having been traced to the possession of defendant. Wharton’s Crim. Evid. [8 Ed.] sec. 755; 2 Bishop’s Crim. Procedure [3 Ed.] 740, 741, 742, 746…
1Opinion of the CourtNorton, C. J.
The defendants were indicted in the circuit court of Douglas county, and charged with having committed larceny from a dwelling. Upon being arraigned, defendant, Henry Phelps, was granted a severance,' and on being tried was convicted and sentenced to imprisonment in the penitentiary for two years, from which judgment of conviction he has appealed to this court.
On the trial, the state proved the following facts : That, on the twenty-eighth of August, 1886, in the absence of the family, two, dresses and one basque were stolen from the dwelling-house of David Thompson, in Douglas county; that,…
2Cases cited5 opinions
- State v. BarkerSupreme Court of Missouri · 1876
- State v. OwensSupreme Court of Missouri · 1883
- State v. O'DaySupreme Court of Missouri · 1886
- State v. WolffSupreme Court of Missouri · 1851
- State v. DavisSupreme Court of Missouri · 1880
3Cited by10 opinions
- State v. CobbSupreme Court of Missouri · 1969
- Weisman v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- State v. MooreSupreme Court of Missouri · 1890
- State v. PruntySupreme Court of Missouri · 1918
- State v. TracySupreme Court of Missouri · 1922
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