Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 245

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 245

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...not for review. State v. Finley. 10. TRIAL: Examination by Special Counsel. It is not error to permit special counsel for the State to conduct the examination of the State's witnesses. Appeal from Pemiscot Circuit Court.--Hon. W. S. C. Walker, Judge. AFFIRMED. Ward ifi Collins for appellant. (1) Grievous errors were committed in the admission of incompetent, irrelevant and immaterial testimony over the objections and exceptions of the defendant in the trial, and in the leading and improper manner in which it was elicited from the State's witnesses. The appellant's conviction was brought about by incompetent testimony in answer to questions most flagrantly leading. State v. Whalen, 148 Mo. 286;. State v. Keath, 53 M0. App. 383; State v. Napper, 141 Mo. 401. (2) The plat or diagram, although not shown by any witness to be correct, but, on the contrary, was shown to have been incorrect, was admitted in evidence over the appellant's objections and exceptions and stood before the jury, although a silent, yet a volume-speaking witness of untruths and inaccuracies against the appellant. State v. Bidstrupp, 237 Mo. 283; Underhill on Crim. Ev. (2 Ed.), Sec. 52; 17 Cyc. 412; 4 Ency. Ev. 641. (3) Appellant should have been permitted to show that deceased while under the sense of impending death stated the facts relating to the killing and the circumstances attending it. State v. Craig, 190 Mo. 332; State v. Kelleher, 201 Mo. 614; State v. Nocton, 121 Mo. 550; 1 Greenleaf on Ev. (14 Ed.), Sec. '158; 3 Russell on Crimes (9 Am. Ed.), 250; 6 Am. & Eng. Ency. Law, 108; House v. State, 21 L. R. A. (N. S.) 840; State v. Doris, 10 L. R. A. (N. S.) 660; Worthington v. State, 92 Md. 222; Worthington v. State, 56 L. R. A. State more

Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236803086
  • 9781236803085