Legal Opinion

State v. Brown

Supreme Court of Missouri

Decided May 16, 1905PublishedCited by 13 opinions

Appeal from Greene Criminal Court. — Now. J. J. Gideon, Judge. (1) Defendant was entitled to a jury whose verdict would not take into consideration the color of his skin. (2) The testimony of witness Reese was all incompetent. That part of it wherein the witness speaks of the pistol or gun and seeing it was properly objected to and exception taken to its admission; so with the remarks attributed by the witness to defendant.

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Appeal from Greene Criminal Court. — Now. J. J. Gideon, Judge. (1) Defendant was entitled to a jury whose verdict would not take into consideration the color of his skin. (2) The testimony of witness Reese was all incompetent. That part of it wherein the witness speaks of the pistol or gun and seeing it was properly objected to and exception taken to its admission; so with the remarks attributed by the witness to defendant. (3) The evidence fails to show that the alleged declaration was read to the declarant before he signed it. No foundation was laid for a dying declaration. “Before a dying…

1Opinion of the CourtPox, J.

This cause is in this court by appeal on the part of the defendant from a conviction of murder of the first degree from the criminal court of Greene *454county, Missouri. The prosecution is based upon an information, duly verified by the prosecuting attorney, and as its validity is not challenged, it can serve no useful purpose to reproduce it.

The facts of this case, as developed at the trial, on the part of the State, may be briefly stated as follows:

The difficulty occurred in the city of Springfield, Greene county, Missouri, at the Queen City restaurant, on the 27th day of October, 1903. The…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. State v. CunninghamSupreme Court of Missouri · 1889
  2. State v. NoctonSupreme Court of Missouri · 1894
  3. State v. BryantSupreme Court of Missouri · 1887
  4. State v. GuySupreme Court of Missouri · 1879
  5. State v. ElkinsSupreme Court of Missouri · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Aldridge v. United StatesSupreme Court of the United States · 1931
  2. State v. McClurgIdaho Supreme Court · 1931
  3. State v. GiudiceSupreme Court of Iowa · 1915
  4. Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
  5. State v. StrawtherSupreme Court of Missouri · 1938

8 more not listed; retrieve them via the Exa API.

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