State v. Lovell
Supreme Court of Missouri
Appeal from Bates Circuit Court. —How. Charles A. Benton, Judge. (1) The court erred in permitting the defendant to prove by the witness Dr. Chastain that defendant stated to him that she shot deceased by accident, and, then, over the defendant’s objection, permitting the witness to testify that tbe deceased, while the defendant was in the same room, said to him, “She knows better than that,” and that defendant made no reply at all.
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Appeal from Bates Circuit Court. —How. Charles A. Benton, Judge. (1) The court erred in permitting the defendant to prove by the witness Dr. Chastain that defendant stated to him that she shot deceased by accident, and, then, over the defendant’s objection, permitting the witness to testify that tbe deceased, while the defendant was in the same room, said to him, “She knows better than that,” and that defendant made no reply at all. The witness admitted that he did not know whether defendant heard the statement of deceased or not. 1 O-reenleaf on Ev. (14 Ed.), Sec. 197; State v. Glahn, 97 Mo.…
1Opinion of the CourtKennish, P. J.
— Under an information charging her with murder in the first degree for having shot and killed one Duke Benefield on the 20th day of December, 1909', appellant was tried in the circuit court of Bates county at the February term, 1910', convicted of murder in the second degree, and her punishment assessed at imprisonment in the penitentiary for a term of ten years. She appealed to this court.
The evidence for the State tended to show the following facts:
At the date of the homicide and for some time prior thereto the defendant lived alone in a small cottage in the city of Butler, she and her…
2Cases cited14 opinions
- State v. FoleySupreme Court of Missouri · 1898
- State v. MartinSupreme Court of Missouri · 1894
- State v. SykesSupreme Court of Missouri · 1905
- State v. NoctonSupreme Court of Missouri · 1894
- State v. KelleherSupreme Court of Missouri · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. DowlingSupreme Court of Missouri · 1941
- State v. ThomasSupreme Court of Missouri · 1969
- State v. SamuelSupreme Court of Missouri · 1975
- State v. DipleySupreme Court of Missouri · 1912
- State v. RushSupreme Court of Missouri · 1956
10 more not listed; retrieve them via the Exa API.