Legal Opinion

State v. Headley

Supreme Court of Missouri

Decided December 14, 1909PublishedCited by 10 opinions

Appeal from Jackson Criminal Court, — Eon. Won. H. Wallace, Judge. (1) The court erred in giving instructions 1 and 5. State v. Harney, 101 Mo. 470; State v. Riseling, 186 Mo. 531; State v. Owsley, 102 Mo. 678; State v. Priestley, 74 Mo. 24. (2) The court erred in admitting the evidence of Eunice Swift and Ethel Kelso for the reason that they were so young that they did not know the nature and obligation of an oath. 1 Stark.

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Appeal from Jackson Criminal Court, — Eon. Won. H. Wallace, Judge. (1) The court erred in giving instructions 1 and 5. State v. Harney, 101 Mo. 470; State v. Riseling, 186 Mo. 531; State v. Owsley, 102 Mo. 678; State v. Priestley, 74 Mo. 24. (2) The court erred in admitting the evidence of Eunice Swift and Ethel Kelso for the reason that they were so young that they did not know the nature and obligation of an oath. 1 Stark. Evidence, sec. 22. (3) The court erred in failing to instruct the jury on common assault alone. State v. Scholl, 130 Mo. 400; State v. Priestly, supra; State v. Owsley,…

1Opinion of the CourtFox, J.

The defendant in this cause was convicted upon an information, duly verified, filed in the criminal court of Jackson county on the 5th day of August, 1908, by the prosecuting attorney of said county, charging that the defendant on the 4th day of July, 1908, at the county of Jackson and State of Missouri, in and upon one Eunice Swift, a female child under the age of fourteen years, to-wit, of the age of five years, unlawfully and feloniously did make an assault, and her, the said Eunice Swift, then and there unlawfully and feloniously did carnally know and abuse, against the peace and dignity…

2Cases cited3 opinions

  1. State v. DoyleSupreme Court of Missouri · 1891
  2. State v. NelsonSupreme Court of Missouri · 1896
  3. State v. ScanlanSupreme Court of Missouri · 1874

3Cited by10 opinions

  1. Hildreth v. KeyMissouri Court of Appeals · 1960
  2. State v. GrovesSupreme Court of Missouri · 1956
  3. Burnam v. Chicago Great Western RailroadSupreme Court of Missouri · 1936
  4. State v. PartonSupreme Court of Missouri · 1972
  5. State v. JonesSupreme Court of Missouri · 1950

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