State v. Garrison
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. William S. Herndon, Judge. (1) The court erred in admitting and refusing to strike out the testimony of witnesses "Whiteley and Dunagan, “That the place whore the shooting occurred was within Platte county.” That was a fact for the jury to find. (2) The court erred in admitting, over objections of defendant, the ■dying declarations, because no proper ground was laid, and because they were incompetent, irrelevant and fragmentary.
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Appeal from Platte Circuit Court. — Hon. William S. Herndon, Judge. (1) The court erred in admitting and refusing to strike out the testimony of witnesses "Whiteley and Dunagan, “That the place whore the shooting occurred was within Platte county.” That was a fact for the jury to find. (2) The court erred in admitting, over objections of defendant, the ■dying declarations, because no proper ground was laid, and because they were incompetent, irrelevant and fragmentary. (3) The court erred in admitting and in refusing to strike out the testimony of Sheriff Dillingham, “that defendant escaped…
1Opinion of the CourtBurgess, J.
— At the December term, 1897, of the circuit court of Platte county, defendant was convicted of murder in the first degree, for having theretofore, in December, *5511896, at said county sliot to death with a pistol one Erank Allrick.
After unsuccessful motions for new trial and in arrest, defendant appeals.
At the time of the homicide the deceased Frank Allrick lived on an island in the Missouri river. Prior to that time he and defendant had been working on a-dyke in the river bottom for one Shillings under the direction and supervision •of one Albert Arnold. Some time before the homicide…
2Cases cited24 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. WienersSupreme Court of Missouri · 1877
- Commonwealth v. MacloonMassachusetts Supreme Judicial Court · 1869
- State v. WalkerSupreme Court of Missouri · 1888
- State v. FairlambSupreme Court of Missouri · 1894
19 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. FergusonSupreme Court of Missouri · 1944
- State v. GartrellMissouri Court of Appeals · 1903
- State v. RodriguezNew Mexico Supreme Court · 1917
- People v. DuffieldMichigan Supreme Court · 1972
- State v. WilliamsonMissouri Court of Appeals · 1979
9 more not listed; retrieve them via the Exa API.