State v. Elliott
Supreme Court of Missouri
Appeal from Dallas Circuit Court. — Hon. Ben. Y, Alton, Judge. (1)The testimony of Sarah Steele and Mrs. Chasteen was improperly admitted. They testified to no admissions, confessions or declaration against interest. (2) The court erred in admitting the testimony of William Elliott and Anna Eidson, taken before the justice of the peace, -the witnesses having since died.
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Appeal from Dallas Circuit Court. — Hon. Ben. Y, Alton, Judge. (1)The testimony of Sarah Steele and Mrs. Chasteen was improperly admitted. They testified to no admissions, confessions or declaration against interest. (2) The court erred in admitting the testimony of William Elliott and Anna Eidson, taken before the justice of the peace, -the witnesses having since died. (3) If at the close of the state’s case there was any evidence tending to show that appellant killed Steele, the same evidence made a clear case of self defence and the demurrer to the evidence should have been sustained. (4)…
1Opinion of the Court
Norton, J. —
The defendant was indicted in April, 1881, in the circuit court of Polk county, for murder in the first degree, for killing one, George Steele, on the seventeenth day of June,- 1880. The cause was subse-, quently removed by change of venue to the Dallas -county circuit court where a trial was had, resulting in a verdict of murder in the second degree and the assessment of defendant’s punishment at ten years imprisonment in the penitentiary. ■
A reversal of the judgment is sought because of alleged errors committed by the court in the reception of evidence, and in giving and…
2Cases cited7 opinions
- State v. McO'BlenisSupreme Court of Missouri · 1857
- State v. AbleSupreme Court of Missouri · 1877
- State v. HouserSupreme Court of Missouri · 1858
- State v. CarlisleSupreme Court of Missouri · 1874
- State v. BrownSupreme Court of Missouri · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. MelvernWashington Supreme Court · 1903
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
- State v. CushingWashington Supreme Court · 1897
- State v. WaiteWashington Supreme Court · 1926