State v. Guinn
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Ho». Gallatin Craig, Judge. No attorney in the trial of any criminal case has the right to refer in any manner to the failure of a defendant or his wife to testify upon any proposition.
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Appeal from Nodaway Circuit Court. — Ho». Gallatin Craig, Judge. No attorney in the trial of any criminal case has the right to refer in any manner to the failure of a defendant or his wife to testify upon any proposition. This the prosecuting attorney did, and after objection was made and defendant’s counsel appealed to the court-, the prosecuting attorney further persisted in the violation of the law and of the rights and privileges of defendant, by discussing to the jury the reason why defendant’s wife did not testify by using the words, “this woman, whose virtue and sorrow has been so…
1Opinion of the CourtBurgess, J.
On June 27, 1902, defendant was convicted in the circuit court of Nodaway county, under an indictment charging him with arson in the third degree, and his punishment fixed at five years ’ imprisonment in the penitentiary. He appeals.
The facts are about as follows:
“On the 21st day of June, 1898, the grand jury of Nodaway county returned a true bill of indictment against this defendant for arson in the third degree. Prior thereto a preliminary examination was had, the defendant was bound over, gave bond in the sum of $750 tor his appearance on the first day of the *683June term, 1898, of the…
2Cases cited4 opinions
- State v. FairlambSupreme Court of Missouri · 1894
- State v. AndersonSupreme Court of Missouri · 1886
- State v. GravesSupreme Court of Missouri · 1888
- State v. ElmerSupreme Court of Missouri · 1893
3Cited by6 opinions
- State v. SnyderSupreme Court of Missouri · 1904
- State v. WooleySupreme Court of Missouri · 1909
- State v. ChickSupreme Court of Missouri · 1920
- State v. AllenSupreme Court of Missouri · 1921
- State v. DoomsSupreme Court of Missouri · 1919
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