Legal Opinion

State v. Harris

Supreme Court of Missouri

Decided November 13, 1912PublishedCited by 8 opinions

Appeal from Jackson Criminal Court. — Hon. E. E. Porterfield, Judge. (1) The court erred in admitting irrelevant, incompetent and immaterial testimony- on behalf of the State. (2) The court erred in failing to instruct the jury on all of the law governing the case.

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Appeal from Jackson Criminal Court. — Hon. E. E. Porterfield, Judge. (1) The court erred in admitting irrelevant, incompetent and immaterial testimony- on behalf of the State. (2) The court erred in failing to instruct the jury on all of the law governing the case. State v. Howell, 100 Mo. 628; State v. Woodward, 111 Mq. 249; State v. Taylor, 118 Mo. 154; State v. Koplan, 167 Mo. 298; State v. Kennedy, 177 Mo. 132; Sec. 5231, R. S. 1909. The court failed to give an instruction on defendant’s evidence proving or tending to prove an alibi. .The entire evidence on behalf of the State tended to…

1Opinion of the CourtKennish, J.

— Appellant Thomas Harris was prosecuted by information filed in the criminal court of Jackson county at the January term, 1909', upon a charge of murder in the first degree, for killing, by shooting with a pistol, one Frank Smith, at said county, on the 5th day of September, 1908. He was tried, convicted of murder in the first degree, his punishmént fixed at imprisonment for life, and from the judgment he appealed to this court. The case was heard on appeal at the October term, 1910', with the result that the judgment was reversed and the cause remanded for a new trial. The decision of this…

2Cited by8 opinions

  1. State v. BurrellSupreme Court of Missouri · 1923
  2. State v. KnightSupreme Court of Missouri · 1926
  3. State v. Eaton and NormanSupreme Court of Missouri · 1927
  4. State v. SandoeSupreme Court of Missouri · 1926
  5. State v. StevensSupreme Court of Missouri · 1920

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