State v. Miller
Supreme Court of Missouri
Appeal from Jackson Criminal Court.— Hon. Henry P. White, Judge. (1) What Agnes Wartz said at the grocery-store and saloon, an hour before the difficulty, was incompetent. It was not a part of the res gestae. (2) The attempts of the prosecuting attorney to impeach the witness, Russell, by asking him concerning his arrest about some affair with the girl, and the people rocking him out of that part of the town, were improper and should not have been allowed.
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Appeal from Jackson Criminal Court.— Hon. Henry P. White, Judge. (1) What Agnes Wartz said at the grocery-store and saloon, an hour before the difficulty, was incompetent. It was not a part of the res gestae. (2) The attempts of the prosecuting attorney to impeach the witness, Russell, by asking him concerning his arrest about some affair with the girl, and the people rocking him out of that part of the town, were improper and should not have been allowed. (3) The court erred in excluding the testimony of the witness, Gfrove, as to what Agnes Wartz said immediately preceding the difficulty.…
1Opinion of the CourtRay, J.
Defendant was indicted in the criminal court of Jackson county, Missouri, at the May term, 1886, for an assault with intent to kill one Agnes Wartz. . No point is made upon the indictment, which is in the usual and due form and need not be further noticed. Upon the trial of the cause, the jury returned a verdict that they found defendant guilty as charged in the indictment, but that they could not agree as to the punishment, whereupon the court fixed the same at imprisonment in the penitentiary for a period of ten years. An extended and detailed statement of the facts and circumstances, as…
2Cases cited8 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. GrantSupreme Court of Missouri · 1883
- State v. McDonaldSupreme Court of Missouri · 1885
- State v. BurnettSupreme Court of Missouri · 1883
- State v. PullensSupreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. SwisherSupreme Court of Missouri · 1953
- State v. SpradlinSupreme Court of Missouri · 1953
- State v. CavinessSupreme Court of Missouri · 1930
- State v. MurphySupreme Court of Missouri · 1893
- State v. AdamsMissouri Court of Appeals · 1976
8 more not listed; retrieve them via the Exa API.