State v. Grote
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Hon. J. 0. Nobmile, Judge. (1) The court erred in excluding tlie statements of Mrs. Symons, to defendant at the time she gave him the letter of deceased, -written about February 26 or 27, 1888. Sajd statements constituted the information on which deceased acted, and as such were admissible in evidence.
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Appeal from St. Louis Criminal Court. — Hon. J. 0. Nobmile, Judge. (1) The court erred in excluding tlie statements of Mrs. Symons, to defendant at the time she gave him the letter of deceased, -written about February 26 or 27, 1888. Sajd statements constituted the information on which deceased acted, and as such were admissible in evidence. “ Thus, where the question is whether the party acted prudently, wisely or in good faith, the information on which he acted, whether true or false,, is original or material evidence.” 1 Greenleaf’s Evidence [Red. Ed.] sec. 101. (2) The court committed…
1Opinion of the CourtThomas, J.
The defendant was convicted of manslaughter of the fourth degree in the St. Louis criminal court in December, 1888, and was sentenced therefor to imprisonment in the penitentiary for a period of two-years, and he appealed.
The evidence shows that the defendant and the deceased, Charles F. Behrens, both quite young men, were first cousins living in adjoining houses in the city of St. Louis, and, until a few hnonths before the killing, associates and warm friends. Some time prior to the homicide, the young men became the suitors of' two young ladies, the daughters of a Mrs. Symons. Defendant…
2Cases cited5 opinions
- State v. LoweSupreme Court of Missouri · 1887
- State v. WagnerSupreme Court of Missouri · 1883
- State v. EmerySupreme Court of Missouri · 1883
- State v. NoeningerSupreme Court of Missouri · 1891
- State v. KeelandSupreme Court of Missouri · 1886
3Cited by5 opinions
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- State v. ElginSupreme Court of Missouri · 1965
- State v. WilsonSupreme Court of Missouri · 1913
- State v. YatesSupreme Court of Missouri · 1923
- State v. WinklerSupreme Court of Missouri · 1925