State v. Westlake
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Jno. W. Wofford, Judge, • (1) The court erred in refusing to allow defendant’s counsel to make an opening statement to tbe jury. The jury was not permitted to hear the opening statement on behalf of defendant. If any parts of the opening statement were incompetent or irrelevant they should have been ruled out by the court or governed by instructions; but the court, should have permitted a statement to be made to the jury.
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Appeal from Jackson Criminal Court. — Hon. Jno. W. Wofford, Judge, • (1) The court erred in refusing to allow defendant’s counsel to make an opening statement to tbe jury. The jury was not permitted to hear the opening statement on behalf of defendant. If any parts of the opening statement were incompetent or irrelevant they should have been ruled out by the court or governed by instructions; but the court, should have permitted a statement to be made to the jury. R. S. 1899, sec. 2627; State v. Honig, 78 Mo. 249; State v. Jackson, 105 Mo. 196; Thompson on Trials, sec. 933. (2) It was not…
1Opinion of the CourtBurgess, J.
On the ninth day of January,-1900, the defendant shot and killed with a shotgun at Jackson county one Wood Mitchell, for which he was thereafter indicted by *673the grand jury of said county and charged with murder in the first degree. Thereafter at the April term, 1900, of said court, he was put upon his trial, and convicted of murder in the second degree and his punishment fixed at fifty years* imprisonment in the state penitentiary.. He appeals.
The facts briefly stated are, that at the time of the homicide, defendant lived on a farm in said county, which belonged to one Clinton D. French, and…
2Cases cited4 opinions
- State v. PaxtonSupreme Court of Missouri · 1895
- State v. NelsonSupreme Court of Missouri · 1896
- State v. FrazierSupreme Court of Missouri · 1897
- State v. HilsabeckSupreme Court of Missouri · 1896
3Cited by4 opinions
- State v. TrainerSupreme Court of Missouri · 1935
- State v. BoundsSupreme Court of Missouri · 1957
- State v. SovernSupreme Court of Missouri · 1910
- State v. PattersonOregon Supreme Court · 1925