State v. Lett
Supreme Court of Missouri
Appeal from Carroll Circuit Court.—Hon. J. M. Davis., Judge. The court erred iu overruling defendant’s application for continuance. State v. Woods, 68 Mo. 444, et seq. The state had no right to admit what the absent witnesses-would swear to, if present.
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Appeal from Carroll Circuit Court.—Hon. J. M. Davis., Judge. The court erred iu overruling defendant’s application for continuance. State v. Woods, 68 Mo. 444, et seq. The state had no right to admit what the absent witnesses-would swear to, if present. State v. Hlclcman, 75 Mo. 416; Chambers v. Smith, 80 Mo. 156. Instruction number seven, given for the state, was erroneous in telling the jury they might disregard the whole of the testimony of any witness who had sworn falsely. The word wilful should have been in the instruction. State n. Mild,ns, 63 Mo. 168, 167. The facts in this case did…
1Opinion of the CourtNorton, J.
The defendant was indicted in the-circuit court of Carroll county, at its December term,. 1884, under section 1262, Revised Statutes, for an assault-to kill one Jacob Koons. The indictment was returned, .on the fifth day of December, 1884, and the trial had on the eleventh day of the same month, resulting in the conviction and sentence of defendant to the penitentiary for the term of six years, from which judgment defendant has appealed to this court.
The first error assigned is, the action of the court in overruling defendant’s application for a continuance. It is provided by section 1884,…
2Cases cited3 opinions
- State v. ElkinsSupreme Court of Missouri · 1876
- State v. HickmanSupreme Court of Missouri · 1882
- State v. O'ConnorSupreme Court of Missouri · 1877
3Cited by8 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. StancliffSupreme Court of Missouri · 1971
- State v. BuchlerSupreme Court of Missouri · 1890
- State v. MyersSupreme Court of Missouri · 1906
- State v. FrancisSupreme Court of Missouri · 1932
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