Legal Opinion

State v. Seigenthaler

Missouri Court of Appeals

Decided November 5, 1906PublishedCited by 2 opinions

Error to Harrison Circuit Court. — Hon. Paris G. Stepp, Judge. (1) The cross-examination of defendant’s witnesses Hogan and Gillespie was improper and the overruling of defendant’s objections to it, was reversible error.

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Error to Harrison Circuit Court. — Hon. Paris G. Stepp, Judge. (1) The cross-examination of defendant’s witnesses Hogan and Gillespie was improper and the overruling of defendant’s objections to it, was reversible error. The whole tenor and purport of the cross-examination of these two witnesses by the prosecuting attorney was to show the defendant’s guilt of the offense on trial, by showing that he had at other times sold whiskey, and that he kept it for sale — whether legally or illegally does not appear. This character of evidence; has been expressly held to be incompetent both by this…

1Opinion of the CourtEllison, J.

The defendant was proceeded against by information filed by the prosecuting attorney of Harrison county charging him with a violation of the local option law in the sale of liquors. He was convicted, fined five hundred dollars and has appealed to this court.

The same point as tO' the validity of the adoption of the local option law in Harrison county is made as was urged in State v. Foreman, decided at this term adversely to defendant. We need do no more than refer to that case for the reason for our ruling the point against the defendant.

*513In this case the' defendant is charged generally with…

2Cases cited4 opinions

  1. People v. . WernerNew York Court of Appeals · 1903
  2. Commonwealth v. NashMassachusetts Supreme Judicial Court · 1883
  3. State v. FierlineSupreme Court of Missouri · 1854
  4. State v. RobertsMissouri Court of Appeals · 1889

3Cited by2 opinions

  1. Muskogee Electric Traction Co. v. EatonSupreme Court of Oklahoma · 1915
  2. State v. StamperMissouri Court of Appeals · 1911

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