Legal Opinion

State v. Kodat

Supreme Court of Missouri

Decided November 12, 1900PublishedCited by 15 opinions

Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. As a general proposition the relation of a' witness at the time his testimony is offered is the sole test as to his competency. No former disqualification could render him incompetent. The divorce of a wife from her husband annuls the marriage, and places her in the same situation, so far as her competency as a witness is concerned, that she was in prior to the marriage.

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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. As a general proposition the relation of a' witness at the time his testimony is offered is the sole test as to his competency. No former disqualification could render him incompetent. The divorce of a wife from her husband annuls the marriage, and places her in the same situation, so far as her competency as a witness is concerned, that she was in prior to the marriage. White v. State, 50 S. W. Rep. 1. c. 708; Toovey v. Baxter, 59 Mo. App. 470:

1Opinion of the CourtGantt, P. J.

The defendant was indicted in the circuit court of the city of St. Louis, duly arraigned, tried and convicted, of an assault with intent to kill Mrs. Josephine Kretseh, on or about the 22d day,of October, 1899, in the city of St. Louis.

The indictment was, in the ordinary form, and amply sufficient. No error has been discovered in the record proper, and none pointed out by the defendant; indeed, he has no counsel in this court. The instructions were such as have been approved again and again by this court. In the motion for a new trial we note complaint is made of the refusal of certain…

2Cases cited7 opinions

  1. McFadin v. CatronSupreme Court of Missouri · 1894
  2. State v. EvansSupreme Court of Missouri · 1897
  3. State v. WillisSupreme Court of Missouri · 1894
  4. Shanklin v. McCrackenSupreme Court of Missouri · 1897
  5. State v. BerlinSupreme Court of Missouri · 1868

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3Cited by15 opinions

  1. State v. KollenbornSupreme Court of Missouri · 1957
  2. State v. EuellSupreme Court of Missouri · 1979
  3. State v. DamicoSupreme Court of Missouri · 1974
  4. State v. DunbarSupreme Court of Missouri · 1950
  5. State v. FrazierMissouri Court of Appeals · 1977

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

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