Legal Opinion

State v. Price

Missouri Court of Appeals

Decided January 8, 1906PublishedCited by 9 opinions

Appeal from Ray Circuit Court. — Hon. Joshua W, Alexander} Judge. (1) The evidence in regard to the reputation of the defendant for chastity, when she had not put her reputation in issue, should not have been admitted, for it is a rule firmly and universally established in sound policy and tradition that the prosecution cannot initially attack the defendant’s character. State v. Douglas, 7 la. 411; State v. Hull, 18 B. I. 207, 26 Atl. 191; State v. Berry, 24 Mo.

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1Opinion of the CourtJohnson, J.

— Defendant was charged with the offense of keeping a bawdy-house and upon trial convicted. The evidence introduced by the State strongly supported the charge and justified its submission to the jury. Defendant offered no evidence.

The State, over the objection of defendant, was permitted to show the reputation of defendant and the other female inmates of the house kept by her for chastity and also that of the men who visited the place. It is objected that, as defendant did not put her character in issue, the State could not and, therefore, evidence of her reputation in the community offered…

2Cases cited2 opinions

State v. BarnardSupreme Court of Missouri · 1876
State v. DudleyMissouri Court of Appeals · 1894

3Cited by9 opinions

State v. HesselmeyerSupreme Court of Missouri · 1938
De Four v. United StatesCourt of Appeals for the Ninth Circuit · 1919
State v. LewisSupreme Court of Iowa · 1939
State v. FroemsdorfMissouri Court of Appeals · 1926
State v. SmithMissouri Court of Appeals · 1958

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