State v. Evans
Supreme Court of Missouri
Appeal from, Dunklin Circuit Court.—Hon. R. P. Owen, J udge. 1st. Without attempting to controvert the doctrine that to make declarations admissable as res gestee, they must be contemporaneous with the main fact, yet it is equally true that to be contemporaneous they need not be precisely concurrent in point of time. . If they tend to illustrate the character of the act, and are made at a time so recent as to reasonably preclude the idea of deliberate design, they are…
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Appeal from, Dunklin Circuit Court.—Hon. R. P. Owen, J udge. 1st. Without attempting to controvert the doctrine that to make declarations admissable as res gestee, they must be contemporaneous with the main fact, yet it is equally true that to be contemporaneous they need not be precisely concurrent in point of time. . If they tend to illustrate the character of the act, and are made at a time so recent as to reasonably preclude the idea of deliberate design, they are admissible, (Starkie’s Ev. Sharswood’s E'd. 89); Durant v. People,_ 13 Mich. 351; Marr v. Hill, 10 Mo. 320;' Wadlow v…
1Opinion of the CourtNorton, J.
Defendant was indicted in the circuit court of Dunklin county for murder in the first degree, for the killing of one William R. Rankins, by shooting him with a pistol. He was put upon his trial at the May term, 1876, of said court, and found guilty of murder in the second degree, and his punishment fixed at ten years imprisonment. The alleged errors which we are asked to review, are the action of the court in giving and refusing instructions, the admission and rejection of evidence, and in overruling a motion for a new trial.
x. hvehíe: evideuce; res gestx.
On the trial, defendant offered to…
2Cases cited8 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. StarrSupreme Court of Missouri · 1866
- State v. HolmeSupreme Court of Missouri · 1873
- State v. HaysSupreme Court of Missouri · 1856
- State v. FosterSupreme Court of Missouri · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. PayneWashington Supreme Court · 1895
- State v. HolcombSupreme Court of Missouri · 1885
- Fields v. StateSupreme Court of Florida · 1903
- State v. BaileySupreme Court of Missouri · 1905
- Saline County v. ThorpSupreme Court of Missouri · 1935
4 more not listed; retrieve them via the Exa API.