Legal Opinion

State v. Phillips

Supreme Court of Missouri

Decided March 7, 1911PublishedCited by 26 opinions

Appeal from Clark Circuit Court — lion. Charles D. Stewart, Judge. (1) The evidence of Marvin Tall was incompetent and should have been excluded. (2) The cross-examination of Brickey, Frank Riney, and Dick Riney was improper, prejudicial and .is reversible error. State v. Rose, 178 Mo. 25; State v. Wigger, 196 Mo. 90; State v. Prendible, 165 Mo. 239'. This cross-examination would have been reversible error if the objections to the questions had been sustained.

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Appeal from Clark Circuit Court — lion. Charles D. Stewart, Judge. (1) The evidence of Marvin Tall was incompetent and should have been excluded. (2) The cross-examination of Brickey, Frank Riney, and Dick Riney was improper, prejudicial and .is reversible error. State v. Rose, 178 Mo. 25; State v. Wigger, 196 Mo. 90; State v. Prendible, 165 Mo. 239'. This cross-examination would have been reversible error if the objections to the questions had been sustained. State v. Prendible, 165 Mo. 239; State v..Rose, 178 Mo. 25. (3) These witnesses were not asked as to appellant’s reputation for being…

1Opinion of the CourtBrown, J.

The defendant was convicted in the circuit court of Clark county, for assaulting, with intent to kill, one Harvey Reed; and from a judgment fixing- his punishment at two years in the penitentiary, brings the case here by appeal.

On the part of the State, the evidence tends to prove that on the 26th of March, 1909,. the defendant ■ was running a drug store in the village of Winchester in Clark county, and on that day, one Harvey Reed, who resides near that village, went into defendant’s drug store to use his telephone, but failed to reach the parties with whom he sought to communicate. He spent…

2Cases cited7 opinions

  1. State v. SpraySupreme Court of Missouri · 1903
  2. State v. WiggerSupreme Court of Missouri · 1906
  3. State v. ThornhillSupreme Court of Missouri · 1903
  4. State v. GesellSupreme Court of Missouri · 1894
  5. State v. McMullinSupreme Court of Missouri · 1902

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

3Cited by26 opinions

  1. State v. ThayerOhio Supreme Court · 1931
  2. State v. DillSupreme Court of Missouri · 1955
  3. State v. TeeterSupreme Court of Missouri · 1912
  4. State v. WellmanSupreme Court of Missouri · 1913
  5. State v. ScottSupreme Court of Missouri · 1933

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

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