Legal Opinion

State v. Dettmer

Supreme Court of Missouri

Decided November 5, 1894PublishedCited by 23 opinions

Appeal from Andrew Cirmit Court.—Hon. William S. Herndon, Judge. Murder iu the first degree was the accusation against defendant, and on that he was found guilty of the second degree of that crime, and his punishment fixed at ten years in the penitentiary, and he appeals to this court.

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Appeal from Andrew Cirmit Court.—Hon. William S. Herndon, Judge. Murder iu the first degree was the accusation against defendant, and on that he was found guilty of the second degree of that crime, and his punishment fixed at ten years in the penitentiary, and he appeals to this court. The homicide of which defendant was convicted occurred at Dick Porter’s saloon in the city of St. Joseph on the night of February 27, 1892. From a mass of irrelevant testimony these facts in regard to the killing are obtained: Two weeks before the homicide the defendant, William Dettmer, and FrankBreeze, the…

1Opinion of the Court

Sherwood, J.—I.

There was»no error in denying defendant’s application for a continuance, and this is *432true for several reasons: Both of the absent witnesses are permanent residents of Buchanan county, and were there a few days before the trial. The day before the trial, a brother of the deceased saw and talked to both of the witnesses, one in Savannah, Andrew county, where the cause was pending, and the other in St. Joseph. The record shows that a similar application on account of the absence of one of these witnesses had been granted by the court on a former occasion. The affidavit for the…

2Cases cited11 opinions

  1. State v. GilmoreSupreme Court of Missouri · 1888
  2. State v. TurlingtonSupreme Court of Missouri · 1890
  3. State v. AndersonSupreme Court of Missouri · 1886
  4. State v. BaileySupreme Court of Missouri · 1887
  5. State v. TaborSupreme Court of Missouri · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. HydeSupreme Court of Missouri · 1911
  2. State v. GadwoodSupreme Court of Missouri · 1938
  3. State v. MaloneSupreme Court of Missouri · 1931
  4. Miller v. StateWisconsin Supreme Court · 1909
  5. State v. SherrillMissouri Court of Appeals · 1973

18 more not listed; retrieve them via the Exa API.

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