3 S.W. 868 (Mo. 1887), State v. Hunt

Citation:3 S.W. 868, 91 Mo. 491
Opinion Judge:Black, J.
Party Name:The State v. Peter Hunt, Appellant
Attorney:Carter, Weber & Wilson for appellant. B. G. Boone, Attorney General, for the state.
Case Date:March 21, 1887
Court:Supreme Court of Missouri
 
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Page 868

3 S.W. 868 (Mo. 1887)

91 Mo. 491

The State

v.

Peter Hunt, Appellant

Supreme Court of Missouri

March 21, 1887

October, 1886

Appeal from St. Francois Circuit Court. -- Hon. J. D. Fox, Judge.

Reversed.

Carter, Weber & Wilson for appellant.

B. G. Boone, Attorney General, for the state.

OPINION

[91 Mo. 492] Black, J.

Peter Hunt, Moses Hunt, and one Yeargin were jointly indicted for burglary and larceny. The state dismissed as to Yeargin, and, for the purpose of a trial, there was a severance as to the other defendants. On the trial of Peter Hunt, he called Moses as a witness. The state objected, on the ground that the proposed witness was jointly indicted with Peter Hunt, for the same offence, and had been convicted, which objection was sustained, and the witness excluded.

Before our present statute, permitting defendants in criminal cases to testify, one of two or more persons jointly indicted could not be a witness for the other, even on a separate trial. State v. Roberts, 15 Mo. 28; State v. Edwards, 19 Mo. 674. Though two were jointly indicted, if one, on a separate trial, was convicted or acquitted, he could not be a witness for the other. State v. Stotts, 26 Mo. 307. Where the cause as to one defendant is disposed...

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