State v. Porter
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. B. J. Casteel, Special Judge. (1) The court erred in refusing to permit D. M. McWilliams, Luke Grogan and Jesse Albright to testify to statements made by defendant immediately after the tragedy. These statements were part of the res gestae, and besides they tended to show the mental ■condition of defendant at the time of the shooting. Defendant may show his physical and mental condition at the time of the homicide. 6 Ency.
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Appeal from Clinton Circuit Court. — Hon. B. J. Casteel, Special Judge. (1) The court erred in refusing to permit D. M. McWilliams, Luke Grogan and Jesse Albright to testify to statements made by defendant immediately after the tragedy. These statements were part of the res gestae, and besides they tended to show the mental ■condition of defendant at the time of the shooting. Defendant may show his physical and mental condition at the time of the homicide. 6 Ency. Evid., p. 738; Sage v. State, 91 Ind. 141; Elliott on Evidence, sec. 3042. Declarations and statements of defendant made during…
1Opinion of the CourtFox, P. J.
This cause is now pending in this court upon appeal by the defendant from a judgment and sentence of the circuit court of Clinton county, convicting him of murder in the second degree. The name of deceased, the party charged to have been killed, was William N. Porter, and the date of the homicide is alleged to be February 17, 1906, and the weapon used is charged to have been a pistol. The deceased and the defendant bore the relation of father and son.
At the January term of the Clinton County Circuit Court in 1907, the defendant was put upon his trial for the offense of murder charged in the…
2Cases cited6 opinions
- State v. DuestrowSupreme Court of Missouri · 1897
- Everett v. StateSupreme Court of Georgia · 1878
- Commonwealth v. PomeroyMassachusetts Supreme Judicial Court · 1875
- Westberg v. City of KansasSupreme Court of Missouri · 1877
- State v. WadeSupreme Court of Missouri · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. MooreSupreme Court of Missouri · 1957
- State v. MucieSupreme Court of Missouri · 1970
- State v. SwinburneSupreme Court of Missouri · 1959
- State v. TarwaterSupreme Court of Missouri · 1922
- State v. MurphySupreme Court of Missouri · 1936
22 more not listed; retrieve them via the Exa API.