State v. Terry
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Hon. G. D. Burgess, Judge. (1) The indictment was insufficient, and the demurrer to it ought, to have been sustained. - Kelley’s Crim. Prac., sec. 851; State v. Buster, 90 Mo. 514. {2) The court erred in admitting in evidence the letter, dated September 7, 1888, from Mrs. Terry, the defendant’s wife, to Celia Steele, the prosecuting witness.
Read the full summary
Appeal from Sullivan Circuit Court. — Hon. G. D. Burgess, Judge. (1) The indictment was insufficient, and the demurrer to it ought, to have been sustained. - Kelley’s Crim. Prac., sec. 851; State v. Buster, 90 Mo. 514. {2) The court erred in admitting in evidence the letter, dated September 7, 1888, from Mrs. Terry, the defendant’s wife, to Celia Steele, the prosecuting witness. Mrs. Terry was incompetent to testify against her husband, and no statement of hers, whether in writing or oral, made without the knowledge or direction of her husband should have been admitted. 1 R. S. 1889, sec.…
1Opinion of the CourtThomas, J.
The defendant was sentenced to imprisonment in the penitentiary for two years by the circuit court of Sullivan county, for defiling a female under eighteen years of age confided to his care.
I. The indictment, omitting the caption, is as follows :
‘ ‘ The grand jurors of the state of Missouri for the body of Sullivan county upon their oath present: That Philo P. Terry, on or about the twentieth day of July, 1888, at Sullivan county, aforesaid, being a person to whose care and protection, one Celia A. Steele was then and there confided, feloniously did defile her, the said Celia A. Steele, by…
2Cases cited3 opinions
- State v. ArnoldSupreme Court of Missouri · 1874
- State v. YoungSupreme Court of Missouri · 1889
- State v. BusterSupreme Court of Missouri · 1886
3Cited by3 opinions
- State v. McClainSupreme Court of Missouri · 1897
- State v. NibargerSupreme Court of Missouri · 1914
- State v. KavanaughSupreme Court of Missouri · 1896