State v. Keith
Missouri Court of Appeals
Appeal from the LaFayette Criminal Court. — Hon. John E. Ryland, Judge. (1) In this ease there was no such unwillingness or hostility on the part of the witness, J. M. Davis, to authorize or justify the prosecuting attorney in plying leading, suggestive and impeaching questions to said witness, and the court committed error in permitting the prosecuting attorney to abuse and violate the rule-of law governing in such case, by asking and plying such-questions. 1 Grreenleaf on…
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Appeal from the LaFayette Criminal Court. — Hon. John E. Ryland, Judge. (1) In this ease there was no such unwillingness or hostility on the part of the witness, J. M. Davis, to authorize or justify the prosecuting attorney in plying leading, suggestive and impeaching questions to said witness, and the court committed error in permitting the prosecuting attorney to abuse and violate the rule-of law governing in such case, by asking and plying such-questions. 1 Grreenleaf on Evidence [Redfield’s Ed.],, secs. 434, 434a, and cases cited; McLean v. Thorp,, 3 Mo. 215; Kelly on Criminal Practice [2…
1Opinion of the CourtSmith, P. J.
— The defendant, a licensed dramshopkeeper, was indicted, tried and convicted by the criminal court of LaFayette county for the crime of selling liquor on Sunday. The defendant appeals, alleging as. *385grounds therefor a number of errors 'which we will notice in the order of their presentation.
No error is perceived in the action of the court in permitting the prosecuting attorney to ask Davis, a witness for the state, certain questions which were somewhat leading in their character. The witness seems to have been an unwilling one, whose answers to questions propounded to him were so reluctantly…
2Cases cited5 opinions
- State v. RaySupreme Court of Missouri · 1873
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
- Snyder v. BurnhamSupreme Court of Missouri · 1882
- State v. SmithSupreme Court of Missouri · 1877
- Shotwell v. McElhinneySupreme Court of Missouri · 1890
3Cited by3 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Mary P. Reynolds v. United StatesCourt of Appeals for the Ninth Circuit · 1956
- State v. DraughnMissouri Court of Appeals · 1910