State v. Jackson
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The court erred in permitting James Murray to testify in favor of the state, and against the defendant Jackson. The indictment is a joint one against witness and Jackson, and the state had no right, under the statute, to swear him over the objections of the defendant.
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Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The court erred in permitting James Murray to testify in favor of the state, and against the defendant Jackson. The indictment is a joint one against witness and Jackson, and the state had no right, under the statute, to swear him over the objections of the defendant. R. S. 1889, secs. 4217, 4218 ; State v. CMo Chiagk, 92 Mo. 406. (2) The court committed error in refusing to give defendant’s .instruction, numbered 2, as originally asked by him. There was not a scintilla of evidence of any corroboration of Murray’s testimony.…
1Opinion of the CourtThomas, J.
Jackson and James Murray were indicted in the Cooper county circuit court, for burglary and larceny. Jackson, on a separate trial had, was found guilty of both crimes, and sentenced to imprisonment in the penitentiary for five years, and he prosecutes this appeal.
*177I. The state offered James Murray as a witness in the casq. Defendant Jackson objected to his testifying, because the indictment was against both for the same offense. The court overruled the objection, and Murray gave his testimony in the case, and this is urged in this court for error. The record shows that Murray pleaded guilty to…
2Cases cited7 opinions
- State v. BowenSupreme Court of Kansas · 1876
- State v. Chyo ChiagkSupreme Court of Missouri · 1887
- Jordan v. Circuit Court of Wapello Co.Supreme Court of Iowa · 1886
- Dawson v. DawsonMissouri Court of Appeals · 1888
- Pagett v. CurtisSupreme Court of Louisiana · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. LangSupreme Court of Missouri · 1974
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- People v. . MayhewNew York Court of Appeals · 1896
- State v. DonnellySupreme Court of Missouri · 1895
- State v. MarcksSupreme Court of Missouri · 1897
24 more not listed; retrieve them via the Exa API.