Legal Opinion

State v. Sasseen

Missouri Court of Appeals

Decided May 2, 1898PublishedCited by 7 opinions

Appeal from the Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) These statements of Carothers were made in the absence of the defendant, and were not binding upon him. They were purely hearsay. Their admission was clearly grievous error. State v. Jaeger, 66-Mo. loe. cit. 180; 1 Greenl.

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Appeal from the Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) These statements of Carothers were made in the absence of the defendant, and were not binding upon him. They were purely hearsay. Their admission was clearly grievous error. State v. Jaeger, 66-Mo. loe. cit. 180; 1 Greenl. Ev., secs. 202, 467. (2) The court erred in permitting the prosecuting attorney to ask the defendant if he had not been convicted of larceny in the state of Iowa thirty years before the trial. Musick v. R. R., 114 Mo. 309; Payne v. Masek, 114 Mo. 631; 1 Greenl. Ev., sec. 459; State v. Parker, 96 Mo. loe.…

1Opinion of the Court

Ellison, J. —

The defendant was charged with stealing some furniture and wall paper and was convicted of petit larceny in the Gentry circuit- court. He contends that the circuit court erred in permitting him to be asked in cross-examination while a witness in his own behalf questions, which were preceded by the statement of the witness that he had “been preaching in this state about twenty-nine years. Before that I was in Iowa in the Des Moines conference. I came from Iowa here. I preached in Iowa four or five years. I lived in Johnson county, Iowa.” The following are the questions referred to:

2Cases cited4 opinions

  1. State v. HouxSupreme Court of Missouri · 1891
  2. State v. MooreSupreme Court of Missouri · 1890
  3. State v. ParkerSupreme Court of Missouri · 1888
  4. State v. CrankSupreme Court of Missouri · 1882

3Cited by7 opinions

  1. State v. SwarensSupreme Court of Missouri · 1922
  2. State v. BarrettaUtah Supreme Court · 1916
  3. Ashford v. Metropolitan Life InsuranceMissouri Court of Appeals · 1899
  4. Peterson v. SorensenUtah Supreme Court · 1937
  5. State v. StanleyMissouri Court of Appeals · 1907

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