State v. Carter
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — How. J. G. Slate, Judge. (1) The court erred in refusing to permit appellant to impeach the witness, Rymel, by proof of contradictory statements made by the witness on the vital question in the case. Peck v. Ritchey, 66 Mo. 119 ; Sullivan v. Railroad, 133 Mo. 5; Mahaney v. Railroad, 108 Mo. 200'; Spohn v. Railroad, 122 Mo. 17; State v. Baker, 136 Mo. 83; Giarrett v. Transit Co., 219 Mo. 93; 30 Am. & Eng. Ency.
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Appeal from Moniteau Circuit Court. — How. J. G. Slate, Judge. (1) The court erred in refusing to permit appellant to impeach the witness, Rymel, by proof of contradictory statements made by the witness on the vital question in the case. Peck v. Ritchey, 66 Mo. 119 ; Sullivan v. Railroad, 133 Mo. 5; Mahaney v. Railroad, 108 Mo. 200'; Spohn v. Railroad, 122 Mo. 17; State v. Baker, 136 Mo. 83; Giarrett v. Transit Co., 219 Mo. 93; 30 Am. & Eng. Ency. Law (2 Ed.), 1111, 1112, and cases cited; 40 Cyc. 2737. The proper foundation was laid for the impeachment, and the equivocal answer of the witness…
1Opinion of the Court
WILLIAMS, C.
On January 12, 1914, in the circuit court of Moniteau county, defendant was convicted of the crime of carrying concealed about his person a deadly weapon, to-wit, a revolving pistol. His punishment was assessed at a fine of one hundred dollars. Defendant appealed.
The State’s evidence tends to establish the following facts: The crime occurred on one of the principal streets of the town of Fortuna, Moniteau county, Missouri, on July 21, 1913. On that date, defendant, the owner and operator of a store at that place, came out of his store, carrying a revolver in his right hand. He did…
2Cases cited3 opinions
- Peck v. RitcheySupreme Court of Missouri · 1877
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- State v. HovisMissouri Court of Appeals · 1909
3Cited by16 opinions
- State v. HolbertSupreme Court of Missouri · 1967
- State v. JordanMissouri Court of Appeals · 1973
- State v. TillmanSupreme Court of Missouri · 1970
- State v. CroneSupreme Court of Missouri · 1966
- State v. McClainMissouri Court of Appeals · 1975
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