State v. Henderson
Supreme Court of Missouri
Appeal from St. diaries Circuit Court. — Now. N. W. Johnson, Judge. (1) The testimony of Mary Berkmeier, a material witness for the State, should not have been admitted, as her name was not endorsed on the information, although her testimony was known to the prosecuting attorney at the time he filed the information.
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Appeal from St. diaries Circuit Court. — Now. N. W. Johnson, Judge. (1) The testimony of Mary Berkmeier, a material witness for the State, should not have been admitted, as her name was not endorsed on the information, although her testimony was known to the prosecuting attorney at the time he filed the information. State v. Stifel, 106 Mo. 133; State v. Nettles, 153 Mo. 469. (2) The court erred in failing to instruct the jury on the law of the whole case, and in refusing to give instructions particularly requested by defendant, (a) Defendant was entitled to an instruction to the jury…
1Opinion of the CourtGantt, J.
— From a conviction of murder in the first degree defendant appeals.
The prosecution was by information filed by the prosecuting attorney of St. Charles county, on September 7,1903, charging that defendant, on the twelfth day of April, 1903, willfully, deliberately, premeditatedly and of his malice aforethought did make an assault in and upon one Joseph Buckner, and a certain shotgun then and there charged with gunpowder and leaden balls, then and there feloniously, willfully, deliberately, premeditatedly and of his malice aforethought, did discharge and shoot off, to, at, against and upon one…
2Cases cited18 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- Garfield v. StateIndiana Supreme Court · 1881
- People v. . PalmerNew York Court of Appeals · 1888
- State v. ReevesSupreme Court of Missouri · 1888
- Unruh v. State ex rel. BaumIndiana Supreme Court · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. WhitsettSupreme Court of Missouri · 1911
- State v. BrooksMissouri Court of Appeals · 1977
- State v. BrandtSupreme Court of Missouri · 1971
- State v. KauffmanSupreme Court of Missouri · 1932
24 more not listed; retrieve them via the Exa API.