State v. O'Day
Supreme Court of Missouri
Appeal from Clarice Circuit Court. — Hon. Ben. E. Turnee, Judge. (1) There is no merit in defendant’s objection that the names of all the material witnesses were not endorsed on the indictment. The statute which requires this to be done expressly provides that other witnesses than those whose names are endorsed, may be subpoenaed and testify in the cause. Sec. 1802, R. S.; State v. Roy, 83 Mo. 268; State v. Griffin, 3 West.
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Appeal from Clarice Circuit Court. — Hon. Ben. E. Turnee, Judge. (1) There is no merit in defendant’s objection that the names of all the material witnesses were not endorsed on the indictment. The statute which requires this to be done expressly provides that other witnesses than those whose names are endorsed, may be subpoenaed and testify in the cause. Sec. 1802, R. S.; State v. Roy, 83 Mo. 268; State v. Griffin, 3 West. Rep. 820 ; s. c., 87 Mo.. ' 608. (2) The defendant cannot plead unexpected testimony of the state as ground of surprise, even where witnesses are sworn and testify at the…
1Opinion of the CourtNorton, J.
At the April term, 1885, of the Clarke county circuit court, defendant was tried upon an indictment charging him with feloniously marking a steer, not his property, with the intention of stealing and converting the same to his own use. He was convicted, and from the judgment rendered, has appealed to this court. .It appears from the record that the names of three witnesses were endorsed on the back of the indictment returned by the grand jury, and that on the trial of the cause, after the witnesses whose names appeared on the back of the indictment had been examined, the state offered to…
2Cases cited1 opinion
- State v. RoySupreme Court of Missouri · 1884
3Cited by11 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. RascoSupreme Court of Missouri · 1912
- State v. MyersSupreme Court of Missouri · 1906
- State v. SteifelSupreme Court of Missouri · 1891
- State v. PhelpsSupreme Court of Missouri · 1886
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