State v. Barham
Supreme Court of Missouri
Appeal from'Dunklin Circuit Court. — Hon. R. P. Owen, Judge. (1) The testimony of the witness Crawford that Nash left the country as soon as the shooting was over, and that he did not see him about after that, was improper and wrong. No act or declaration of one co-defendant, after the common enterprise is ended, can be given in evidence against his alleged co-conspirators. Wharton’s Crim.
Read the full summary
Appeal from'Dunklin Circuit Court. — Hon. R. P. Owen, Judge. (1) The testimony of the witness Crawford that Nash left the country as soon as the shooting was over, and that he did not see him about after that, was improper and wrong. No act or declaration of one co-defendant, after the common enterprise is ended, can be given in evidence against his alleged co-conspirators. Wharton’s Crim. Ev.,, § 699; People v. Stanley, 47 Cal. 112; State v. Duncan, 64-Mo. 262. (2) The defense should have been permitted to prove by the witness Crawford and others the desperate- and dangerous character of the…
1Opinion of the CourtNorton, J.
The defendant and Willie Nash were *70j ointly indicted as accessories with Daniel A. Smith as principal at the adjourned February term, 1881, of the circuit court of Dunklin county for murder in the first degree in killing one John C. Crawford. Defendant, Barham, was separately tried at the November term, 1883, of said court, and was convicted of murder in the first degree. Defendant having made an unsuccessful motion for a new trial, brings his case to this court by appeal, and assigns, among other things, the action of the court in admitting improper and rejecting proper evidence, in not…
2Cases cited8 opinions
- State v. BanksSupreme Court of Missouri · 1881
- State v. UnderwoodSupreme Court of Missouri · 1881
- State v. MatthewsSupreme Court of Missouri · 1854
- State v. EmorySupreme Court of Missouri · 1883
- State v. DuncanSupreme Court of Missouri · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. . MerrickSupreme Court of North Carolina · 1916
- State v. PagelsSupreme Court of Missouri · 1887
- State v. MerrickSupreme Court of North Carolina · 1916
- State v. BerkleySupreme Court of Missouri · 1887
- Mebane Graded School District v. County of AlamanceSupreme Court of North Carolina · 1937
15 more not listed; retrieve them via the Exa API.