State v. Whalen
Supreme Court of Missouri
'Appeal from St. Louis City Oircuit Gourt. — HoN. William j Zaci-ieitz, Judge. (1) The court erred in permitting the circuit attorneys over the objection of appellant, to put to the prosecuting witness the following leading question: “Are you positive that the man whom you designate as The man on the left’ is the man that seized you by the neck and wrenched your po'cketbook from your hand ?” The only fair and legitimate mode of examination, as suggested by the objection, was…
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'Appeal from St. Louis City Oircuit Gourt. — HoN. William j Zaci-ieitz, Judge. (1) The court erred in permitting the circuit attorneys over the objection of appellant, to put to the prosecuting witness the following leading question: “Are you positive that the man whom you designate as The man on the left’ is the man that seized you by the neck and wrenched your po'cketbook from your hand ?” The only fair and legitimate mode of examination, as suggested by the objection, was to have simply required of her a statement of the circumstances as truthfully as she could give it, and to have left…
1Opinion of the CourtBurgess, J.
Defendant, William Adams and Pierce Whalen were jointly indicted in the circuit court of the city of St. Louis for the offense of robbery in the first *289degree, in having robbed one Mollie Hart of two dollars and fifty cents in said city on the seventeenth day of May, 1897. Subsequently the State entered a, nolle prosequi as to Adams.
Thereafter on the twenty-first day of December, 1897, Thomas and Pierce Whalen were put upon their trial in said court and Pierce "Whalen acquitted, and the defendant Thomas Whalen convicted of the charge preferred against them, and his punishment .fixed at five…
2Cases cited3 opinions
- Wilbur v. JohnsonSupreme Court of Missouri · 1875
- King v. MittalbergerSupreme Court of Missouri · 1872
- St. Louis & Iron Mountain Railroad v. SilverSupreme Court of Missouri · 1874
3Cited by10 opinions
- State v. GiesekeSupreme Court of Missouri · 1908
- State v. BatemanSupreme Court of Missouri · 1906
- State Ex Rel. J. B. McCutchan v. CooleySupreme Court of Missouri · 1928
- Anderson v. BerrumNevada Supreme Court · 1913
- State v. BlewettMissouri Court of Appeals · 1974
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