State v. Potter
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. J. F. Hale, J udge. (1) The evidence of Mrs. Potter was entirely irrelevant, and did not tend even to prove any pertinent hypothesis or issue in the case and its admission was erroneous. State v. Mix, 15 Mo. 153 ; State v. Wolf, 15 Mo. 168; State v. Thomas, 99 Mo. 235. (2) The instruction upon the subject of flight was wholly unsupported by the evidence, and the giving of it constituted reversible error.
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Appeal from Howell Circuit Court. — Hon. J. F. Hale, J udge. (1) The evidence of Mrs. Potter was entirely irrelevant, and did not tend even to prove any pertinent hypothesis or issue in the case and its admission was erroneous. State v. Mix, 15 Mo. 153 ; State v. Wolf, 15 Mo. 168; State v. Thomas, 99 Mo. 235. (2) The instruction upon the subject of flight was wholly unsupported by the evidence, and the giving of it constituted reversible error. Bose v. Spies, 44 Mo. 20; Quinlivan v. English, 44 Mo. 46; McDermott v. Donegan, 44 Mo. 85. (3) The motion for new trial should have been sustained…
1Opinion of the CourtThomas, J.
Defendant was indicted in Douglas-county for a felonious assault as defined by section 1262, Revised Statutes, 1879, but on his application a change of venue was awarded to Howell county, whereupon a trial had in April, 1889, he was convicted of' the crime charged and sentenced to imprisonment in, the penitentiary for two years.
The state introduced evidence tending to prove that on the twenty-sixth day of November, 1886, Wm. Lewis, Jno. R. Téal and Jackson Garrison met at the-home of Jno. Lewis, in Douglas county, and together left the home of said Jno. Lewis to hunt the latter’s cattle; that…
2Cases cited4 opinions
- State v. McLaughlinSupreme Court of Missouri · 1858
- State v. RaySupreme Court of Missouri · 1873
- State v. ButlerSupreme Court of Missouri · 1877
- State v. WoodwardSupreme Court of Missouri · 1888
3Cited by3 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- State v. MillsSupreme Court of Missouri · 1917
- State v. AdlerSupreme Court of Missouri · 1898