State v. Baldwin
Missouri Court of Appeals
Appeal from the Barry Circuit Court. — Hon. J. C. Laneson, Judge. (1) Tbe court erred in allowing the state to attempt to impeach the defendant by showing that he had made prior inconsistent statements to the witness Mitchell without first having laid the proper foundation therefor. State v. McGraw, 74 Mo. 573; State v. Foye, 53 Mo. 336; 1 Q-reenleaf on Evidence [13 Ed.], sec. 462. And the witness thus contradicted being the defendant, the error is prejudicial.
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Appeal from the Barry Circuit Court. — Hon. J. C. Laneson, Judge. (1) Tbe court erred in allowing the state to attempt to impeach the defendant by showing that he had made prior inconsistent statements to the witness Mitchell without first having laid the proper foundation therefor. State v. McGraw, 74 Mo. 573; State v. Foye, 53 Mo. 336; 1 Q-reenleaf on Evidence [13 Ed.], sec. 462. And the witness thus contradicted being the defendant, the error is prejudicial. State v. Devlin, 7 Mo. App. 32. (2) Instruction number 5 given by the court is erroneous; without boundary, limitation or condition,…
1Opinion of the CourtRombauer, P. J.
— The defendant was convicted of selling liquor without a dramshop license. He assigns for error that the indictment on which he was tried is fatally defective, and that his motion in arrest of judgment should have been sustained. He also claims that the court admitted illegal evidence against him, and erred in its instructions to the jury.
The indictment charges the defendant with unlawfully selling intoxicating liquors in less quantity than three gallons, to-wit, two drinks of whiskey. The claims of insufficiency arise on the words italicized, which are claimed to be an insufficient…
2Cases cited7 opinions
- State v. StarrSupreme Court of Missouri · 1866
- State v. PatrickSupreme Court of Missouri · 1891
- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
- State v. DwireSupreme Court of Missouri · 1857
- State v. CoxSupreme Court of Missouri · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. KeithleyMissouri Court of Appeals · 1910
- State v. O'ConnorMissouri Court of Appeals · 1896
- State v. PickerMissouri Court of Appeals · 1895
- State v. RussellMissouri Court of Appeals · 1915
- State v. Stewart.Missouri Court of Appeals · 1925