State v. Rider
Supreme Court of Missouri
Appeal from Saline Criminal Court. — Hon. John E. Ryland, Judge. (1) The court erred in allowing Mrs. Tallent to testify to what deceased said to her in the cornfield after he was shot. What he said was not a dying declaration and not admissible as such. 1 Gfreenlf. on Ev., (13 Ed.) sec. 1569; State v. Jefferson, 77 Mo. 136. It was not part of the res gestae.
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Appeal from Saline Criminal Court. — Hon. John E. Ryland, Judge. (1) The court erred in allowing Mrs. Tallent to testify to what deceased said to her in the cornfield after he was shot. What he said was not a dying declaration and not admissible as such. 1 Gfreenlf. on Ev., (13 Ed.) sec. 1569; State v. Jefferson, 77 Mo. 136. It was not part of the res gestae. The court erred in permitting Mrs. Tallent to testify that Mrs. Rider told her in December, 1883, that “ Rider had beat her up with a club, and she was afraid he would kill her.” It had no connection with the case, and was hearsay. It…
1Opinion of the Court
Henry, C. J. —
At the September term, 1885, of the Saline criminal court the defendant was indicted for murder for killing one R, P. Tallent, and was tried at the November term of said court, 1885, and convicted of murder in the first degree. From that judgment he has appealed to this court.
The evidence for the state proved that he killed the *59deceased, and of that fact there is no question. It also tended to prove that he armed himself with a gun, and sought the deceased with the intent to kill him. The evidence tended to prove that the relations between the defendant and his wife were not of…
2Cited by14 opinions
- State v. BecknerSupreme Court of Missouri · 1906
- City of Baton Rouge v. RossSupreme Court of Louisiana · 1995
- State v. DavisSupreme Court of Missouri · 1928
- State v. RiderSupreme Court of Missouri · 1888
- Berry v. StateSupreme Court of Georgia · 1898
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