Legal Opinion

State v. Barnett

Supreme Court of Missouri

Decided May 14, 1907PublishedCited by 5 opinions

Appeal from Pemiscot Circuit Court. — Bo». Henry G. Riley, Judge. (1) The order of the court compelling defendants to furnish testimony against themselves was error.

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Appeal from Pemiscot Circuit Court. — Bo». Henry G. Riley, Judge. (1) The order of the court compelling defendants to furnish testimony against themselves was error. Boyd v. United States, 116 U. S. 616; Cons, of Mo., sec. 23, art. 2; Cons, of U. S., amendment 5; 1 Green-leaf on Evidence, sec. 451; Cooper v. State, 4 L. R. A. 766; Rice v. Rice, 9 L. R. A. 591; 1 Wharton on Evidence, secs. 533, 536, 751; Connselman v. Hitchcock, 142 U. S. 547; Wagram on Discovery, 61; Cooley, Cons. Limitations, 370; State v. Davis, 108 Mo. 666; State ex rel. v. Hardware Co., 109 Mo. 128; State v. Yonng, 119…

1Opinion of the CourtFox, P. J.

This cause has reached this court by appeal on the part of the defendants from a judgment of the circuit court of Pemiscot county convicting them of murder in the second degree. Since reaching this court the death of the defendant Baker has been suggested; therefore, we will confine our attention to the complaints of the defendant Barnett.

On the 16th day of January, 1905, an information was filed, duly verified, by L. L. Collins, prosecuting attorney of Pemiscot county, charging the defendant with murder in the first degree. As the sufficiency of this information is challenged it is well to…

2Cases cited5 opinions

  1. State v. BecknerSupreme Court of Missouri · 1906
  2. State v. BondSupreme Court of Missouri · 1905
  3. State v. McCarverSupreme Court of Missouri · 1906
  4. State v. WestSupreme Court of Missouri · 1907
  5. State v. WeathermanSupreme Court of Missouri · 1907

3Cited by5 opinions

  1. State v. AitkensSupreme Court of Missouri · 1944
  2. State v. ReichSupreme Court of Missouri · 1922
  3. State v. SniderMissouri Court of Appeals · 1910
  4. Moder v. United StatesCourt of Appeals for the D.C. Circuit · 1932
  5. State v. WoodsMissouri Court of Appeals · 1911

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