Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 64

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 64

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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. 1877 edition. Excerpt: the house of deceased, and a daughter of Davis, were introduced by defendant, who testified that the two men at Davis' house on the evening of the murder appeared to be taller men than the defendant. One of them having on a soldier's blue overcoat, and the other a black. ' The errors complained of as shown in the record are, first: that the court erred in excluding and admitting evidence; and second: in giving and refusing instructions. During the progress of the trial, defendant offered to prove by a witness that Hart, who was jointly indicted with defendant, had been tried and acquitted of the charge. The objection to this evidence was properly sustained by the court. If the fact of Hart's acquittal was admissible at all in the case, it could not be established in the way that defendant sought to establish it. The record of the trial and the verdict of judgment of acquittal could alone establish it. But the fact sought to, be proved by the rejected evidence was not admissible at all. No rule of law is better settled than that the acquittal of one, jointly charged with another with the commission of a crime, cannot be used in the trial of the other in his favor any more than his conviction could be used on such trial to his prejudice. (State vs. Phillips & Ross. 24 Mo. 475.) The objection to the introduction of the indictment on the part of the State, for the purpose of showing the time it was found, was properly overruled as there was evidence tending to show that the accused, upon being informed of it, left Springfield; that the fact was communicated to defendant, and thuthe left Springfield in consequence thereof. Although objection was made to all the instructions given on behalf of the State, none has more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236934997
  • 9781236934994