State v. Feeley
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Ho». Argus Cox, Special Judge. (1) Calhoun, who drove the defendant from Archie to Burdette, was permitted to testify, over the objection of defendant, as follows: “He said he was a straight shot and he was a game man and I would find it out before I got back. ’ ’ This was on the road between Archie and Burdette, and was introduced as a threat. In this the court erred. It did not refer to deceased or any class to which he belonged.
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Appeal from Bates Circuit Court. — Ho». Argus Cox, Special Judge. (1) Calhoun, who drove the defendant from Archie to Burdette, was permitted to testify, over the objection of defendant, as follows: “He said he was a straight shot and he was a game man and I would find it out before I got back. ’ ’ This was on the road between Archie and Burdette, and was introduced as a threat. In this the court erred. It did not refer to deceased or any class to which he belonged. It was not a part of the res gestae. Defendant did not even know deceased at the time. The evidence shows that defendant and…
1Opinion of the CourtBurgess, P. J.
At the October term, 1903, of the circuit court of Bates county the grand jury of said county preferred an indictment against the defendant,Robert Feeley, charging him with murder in the first degree, in having, on the 8th day of September, 1903, at said county, shot and killed, with a pistol, one Martin Hoots. There were two mistrials. Thereafter, at the May term, 1905, of said court, the defendant was again put upon trial on the charge of murder in the second degree, convicted, and his punishment assessed at ten years ’ imprisonment in the penitentiary. He filed motions for new trial and in…
2Cases cited31 opinions
- Keener v. StateSupreme Court of Georgia · 1855
- Hussey v. StateSupreme Court of Alabama · 1888
- State v. ElkinsSupreme Court of Missouri · 1876
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. LoweSupreme Court of Missouri · 1887
26 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. ShawleySupreme Court of Missouri · 1933
- Jones v. StateCourt of Appeals of Maryland · 1944
- State v. Logan.Supreme Court of Missouri · 1939
- State v. HardinWest Virginia Supreme Court · 1922
- State v. CarrollSupreme Court of Missouri · 1933
12 more not listed; retrieve them via the Exa API.