State v. Baker
Supreme Court of Missouri
Appeal from Moniteau Circuit Court- — Hon. D. W. Shackleford, Judge. (1) The evidence admitted by the court, tending to show other offenses or misconduct of defendant, should have been rejected, or stricken out on defendant’s motion, when offered.
Read the full summary
Appeal from Moniteau Circuit Court- — Hon. D. W. Shackleford, Judge. (1) The evidence admitted by the court, tending to show other offenses or misconduct of defendant, should have been rejected, or stricken out on defendant’s motion, when offered. State v. Baubert, 42 Mo. 238. The rule sometimes adopted in civil cases to exclude by instructions evidence improperly admitted during the trial, and thus avoiding the error of its admission, has never prevailed in this state in criminal cases, nor is it approved in the text-books and leading cases cited therein. State v. Mix, 15 Mo. 153; State v.…
1Opinion of the CourtQ-antt, P. J.
The defendant stands indicted by the grand jury of Moniteau county for the- unlawful carnal knowledge of his daughter who was under the age of fourteen years at the time. He was duly served with a copy, waived the forty-eight hours which the statute then gave him and was duly arraigned and entered his plea of “not guilty.” He was tried and convicted and his punishment assessed at twenty years in the penitentiary.
The facts brought to light by the testimony are that the defendant was a widower in 1890 with five children. The oldest daughter was married and living in Stoddard county; two sons,…
2Cases cited11 opinions
- People v. . O'SullivanNew York Court of Appeals · 1887
- Peck v. RitcheySupreme Court of Missouri · 1877
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- State v. PatrickSupreme Court of Missouri · 1891
- Higgins v. . People of the State of N.Y.New York Court of Appeals · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. HameySupreme Court of Missouri · 1902
- State v. GilmoreSupreme Court of Missouri · 1935
- State v. RichardsonSupreme Court of Missouri · 1942
- Champagne v. HameySupreme Court of Missouri · 1905
- State v. CobbSupreme Court of Missouri · 1949
4 more not listed; retrieve them via the Exa API.