State v. Swain
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon George C. Hitchcock, Judge. (1) The remarks of the State’s attorney were calculated to create such a prejudice as to jeopardize the defendant’s case. State v. Fairlamb, 121 Mo. 137; Brow v. State, 103 Ind. 133; Heller v. People, 22 Colo. 11; Ranken v. Commonwealth, Q- Ky. L. Rep. 407; Laubach v. State, 44 Tex, 64; Bryson v. State, 20 Tex. App.-566; Newton v. State, 21’ Fla. 53; State v. Upton, 130' Mo.
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Appeal from St. Louis City Circuit Court.— Hon George C. Hitchcock, Judge. (1) The remarks of the State’s attorney were calculated to create such a prejudice as to jeopardize the defendant’s case. State v. Fairlamb, 121 Mo. 137; Brow v. State, 103 Ind. 133; Heller v. People, 22 Colo. 11; Ranken v. Commonwealth, Q- Ky. L. Rep. 407; Laubach v. State, 44 Tex, 64; Bryson v. State, 20 Tex. App.-566; Newton v. State, 21’ Fla. 53; State v. Upton, 130' Mo. App. 316; State v. Baker, 209 Mo. 444. (2) It was not correct practice to compel the defendant, instead of the prosecution, to call the witnesses.…
1Opinion of the CourtFerriss, P. J.
— Defendant was convicted in the circuit court of the city of St. Louis of the crime of rape upon one Clara Jefferson, twelve years old, and sentenced to eleven years in the penitentiary.
The testimony for the State tended to show that the prosecutrix lived with her parents at their home, located within three or four houses of defendant’s saloon. On the afternoon of December 1, 1909, she visited at the home of a girl friend until about six o ’clock. On her way home, she saw defendant standing in the side door of his saloon, which opened into a hallway and stall's leading to the second story…
2Cases cited3 opinions
- Wellar v. PeopleMichigan Supreme Court · 1874
- Bonker v. PeopleMichigan Supreme Court · 1877
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by7 opinions
- Jordon v. BondyCourt of Appeals for the D.C. Circuit · 1940
- State v. FergusonSupreme Court of Missouri · 1919
- State v. GrahamMissouri Court of Appeals · 2004
- State v. CarterSupreme Court of Missouri · 1939
- State v. TettambleSupreme Court of Missouri · 1965
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