Kennedy v. Holladay
Supreme Court of Missouri
Appeal from, Madison Circuit Court. (1) The circuit court in the trial of the cause should have admitted the evidence of the two grand jurors offered by the plaintiff, appellant here, to show what the testimony of the defendant was, on which the indictment was found, the reasons for spcrecy having ceased as the evidence was sought after the state had entered a nolle prosequi in the criminal prosecution.
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Appeal from, Madison Circuit Court. (1) The circuit court in the trial of the cause should have admitted the evidence of the two grand jurors offered by the plaintiff, appellant here, to show what the testimony of the defendant was, on which the indictment was found, the reasons for spcrecy having ceased as the evidence was sought after the state had entered a nolle prosequi in the criminal prosecution. Hendekoper v. Cotton, 3 Watts, 56; Dreux v. Domec, 18 Cal. 83 ; Sharpe r>. Johnson, 76 Mo. 660 ; R. S. 1879, sec. 1793. (2) The circuit court to have been consistent in its rulings should not…
1Opinion of the CourtBrace, J.
This is an action for damages for malicious prosecution. Verdict and judgment for defendant. Plaintiff appeals. The evidence in the case is not preserved in the bill of exceptions.
The assigned errors relied on for reversal are, the refusal of the court to admit the testimony of two grand jurors ; the admission of statements made by the defendant before the grand jury, while giving in his testimony ; and the refusal of the court to grant a new trial on the ground alleged in the motion therefor, that pending the trial the jury were tampered with by defendant.
I. There was no error in the refusal…
2Cases cited10 opinions
- Borland v. BarrettSupreme Court of Virginia · 1882
- Morgan v. RossSupreme Court of Missouri · 1881
- Ryan v. HarrowSupreme Court of Iowa · 1869
- State v. ThomasSupreme Court of Missouri · 1889
- Kennedy v. HolladayMissouri Court of Appeals · 1887
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- State v. LauthOregon Supreme Court · 1905
- Budoff v. Holiday Inns, Inc.Court of Appeals for the Sixth Circuit · 1984
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