State v. Higgins
Supreme Court of Missouri
Appeal from Mercer Circuit Court.—Hon. P. C. Stepp, Judge. (1) The testimony of Mr. and Mrs. Bixler, as to the conversation at Mr. Higgins’ house, in the absence of the defendant, was incompetent and prejudicial. This error is too glaring to be defended, or to require citation of authorities. (2) The testimony of witness Hampton was incompetent. Upon a trial for perjury incompetent testimony could not be waived.
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Appeal from Mercer Circuit Court.—Hon. P. C. Stepp, Judge. (1) The testimony of Mr. and Mrs. Bixler, as to the conversation at Mr. Higgins’ house, in the absence of the defendant, was incompetent and prejudicial. This error is too glaring to be defended, or to require citation of authorities. (2) The testimony of witness Hampton was incompetent. Upon a trial for perjury incompetent testimony could not be waived. (3) It was not necessary to object specifically to the questions to witness Hampton. The court should have rejected it upon its own motion. The statement of defendant’s counsel that…
1Opinion of the CourtBukgess, J.
The defendant was convicted at the September term, 1893, of the circuit court of Mercer county on an indictment charging him with the crime of perjury and his punishment assessed at two years’ imprisonment in the penitentiary. From the judgment- and sentence he appeals.
The indictment, leaving out the formal parts, is as follows: ' “The grand jurors for the state of Missouri for the body of Mercer county, being duly impaneled, sworn and charged upon their oaths, present that heretofore, to wit: on the sixteenth day of November, 1891, at the county of Mercer and state of Missouri, before P. C.…
2Cases cited8 opinions
- State v. HopeSupreme Court of Missouri · 1889
- State v. DaySupreme Court of Missouri · 1889
- State v. LeaSupreme Court of Alabama · 1842
- State v. O'ConnorSupreme Court of Missouri · 1877
- Thomas v. StateSupreme Court of Georgia · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pilgrim v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. FannonSupreme Court of Missouri · 1900
- Mathes v. StateCourt of Criminal Appeals of Oklahoma · 1919