State v. Creson
Supreme Court of Missouri
Appeal from Webster Circuit Court. The court should not have permitted the prosecution to attack the character of the accused by interrogatories touching such character, no evidence on that point having been introduced by the defence — 3 G-reenl. Ev. § 25; People v. White, 14 Wend. Ill; Commonwealth v. Webster, 5 Cush. 325 ; Bull N. P. 296; State v. Merrill, 2 Dev. 269..
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Appeal from Webster Circuit Court. The court should not have permitted the prosecution to attack the character of the accused by interrogatories touching such character, no evidence on that point having been introduced by the defence — 3 G-reenl. Ev. § 25; People v. White, 14 Wend. Ill; Commonwealth v. Webster, 5 Cush. 325 ; Bull N. P. 296; State v. Merrill, 2 Dev. 269.. The second instruction given on the part of the State is erroneous, because not sufficiently full and explicit — 1 Greenl. Ev. §§ 11, 34; erroneous, because it asserts the recent possession of stolen property is conclusive of…
1Opinion of the CourtHolmes, Judge
This was an indictment for grand larceny. ■ On the trial, the pi’osecutor was allowed, against the objections of the prisoner, to give evidence of his bad character and reputation ; and the witness stated that he “ was acquainted with the reputation of the defendant for honesty, and that his reputation was that pf a thief in Greene’ county and in Tennessee, where he came from.” The proof of the larceny charged consisted chiefly in the circumstance that the defendant was found in the recent possession of the property stolen, and he failed to explain his possession in any manner consistent with…
2Cases cited2 opinions
- People v. WhiteNew York Supreme Court · 1835
- State v. FloydSupreme Court of Missouri · 1852
3Cited by13 opinions
- State v. PalmerSupreme Court of Missouri · 1886
- State v. BecknerSupreme Court of Missouri · 1906
- State v. KennedySupreme Court of Missouri · 1903
- State v. HullSupreme Court of Rhode Island · 1893
- Smith v. StateIndiana Supreme Court · 1877
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