State v. Weaver
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. D. II. Eby, Judge. (1) The statement made by Burns in tbe presence of Weaver and Logan while they were confined in the city calaboose at Louisiana, a year or so prior to the night Pew was killed, and which was to the effect that “he (Bums) would get even with the police of Louisiana if it took twenty years,” should not have been admitted in evidence in trial against Weaver.
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Appeal from Pike Circuit Court. — Hon. D. II. Eby, Judge. (1) The statement made by Burns in tbe presence of Weaver and Logan while they were confined in the city calaboose at Louisiana, a year or so prior to the night Pew was killed, and which was to the effect that “he (Bums) would get even with the police of Louisiana if it took twenty years,” should not have been admitted in evidence in trial against Weaver. There was no conspiracy claimed at that time, and it is only after a conspiracy has been shown to exist that acts or declarations of one of the parties in the prosecution of the…
1Opinion of the CourtSherwood, P. J.
This is a prosecution for murder; defendant being found guilty of murder in the second degree, and sentenced to ten years in the penitentiary. The homicide occurred on the night of February 13, 1900. The person charged to have been killed was Lowell Pew, nightwatch in the city of Louisiana, Missouri, and he was shot and instantly killed at the “K” line depot in that city. There was a great deal of mystery connected with the killing of Pew. It is unnecessary at this time to go into the evidence to any considerable extent in passing upon those assignments which we deem necessary to notice.
*6Burns,…
2Cases cited8 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. MoxleySupreme Court of Missouri · 1890
- State v. Chyo ChiagkSupreme Court of Missouri · 1887
- State v. AdamsSupreme Court of Missouri · 1882
- State v. JaegerSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Commonwealth v. SpencerMassachusetts Supreme Judicial Court · 1912
- State v. ShulsSupreme Court of Missouri · 1931
- State v. SnyderSupreme Court of Missouri · 1904
- State v. RichettiSupreme Court of Missouri · 1938
- State v. NeffSupreme Court of Missouri · 1998
19 more not listed; retrieve them via the Exa API.