State v. Kennade

CourtUnited States State Supreme Court of Missouri
Writing for the CourtSherwood
Citation26 S.W. 347
PartiesSTATE v. KENNADE.
Decision Date08 May 1894
26 S.W. 347
STATE
v.
KENNADE.
Supreme Court of Missouri, Division No. 2.
May 8, 1894.

MURDER — EVIDENCE — REVIEW ON APPEAL — REPUTATION OF DECEASED.

1. Errors in granting or refusing instructions will not be reviewed unless excepted to on the trial.

2. Defendant assaulted a negro, with whom he had been playing pool in a saloon near deceased's house, a few minutes before the homicide, and, thinking he had gone into deceased's house, followed him there, and, being refused admittance, shot her. The state's witnesses testified that defendant tried to go in, and deceased closed the door, and he forced it open. Defendant testified that he shot her because she pointed a revolver at him, which missed fire when she pulled the trigger. In a voluntary statement made soon after the homicide, he stated that he shot deceased when she pointed the revolver at him, and that, as he went away, a man came to the door and attempted to shoot him, but the gun missed fire. Held, that a verdict for murder in the second degree was justified.

3. What defendant did in the saloon was admissible as a part of the res gestae.

4. One on trial for murder, testifying on his own behalf, may be cross-examined as to a statement made a few days after the murder, to lay a foundation for impeachment.

5. It was proper to permit only such part of the statement to be read as referred to the homicide.

6. Evidence as to deceased's business was properly rejected.

7. A question asked defendant, as to why he happened to be carrying the revolver with which he shot deceased, was properly excluded.

8. Evidence as to deceased's reputation for quarrelsomeness was properly rejected when it was not shown that defendant knew it.

9. In a criminal prosecution, a defendant who has testified in his own behalf may be recalled by the state for further cross-examination.

Appeal from St. Louis criminal court; H. L. Edmunds, Judge.

Louis Kennade was convicted of murder in the second degree, and appeals. Affirmed.

The defendant, a German, indicted for the murder of Cora Thompson, a negress, by shooting her with a pistol, was convicted of that crime in the second degree, his punishment being assessed at 20 years' imprisonment in the penitentiary, and he appeals to this court. The testimony on behalf of the prosecution was substantially this: On the afternoon of March 20, 1893, defendant was in a saloon on Eighth street, near Clark avenue, in the city of St. Louis. The saloon was called the "Tunnel House," and was frequented principally by negroes. In the rear of the saloon, fronting on an alley, was a small house, one room of which was occupied by the deceased. Defendant was playing pool in the saloon with a negro named Darlington, A young negro named Morris came in, and was challenged to play

[26 S.W. 348]

by defendant; upon his declining, on the score of having no money, defendant agreed to pay for the game, and they began to play. Morris won, and defendant proposed to play for a quarter. Another negro present "staked" Morris, and they played several games, doubling the stakes each time, Morris winning every game, until the amount at stake was four dollars, and the stakeholder paid over the money to Morris, who started to leave the saloon. Defendant went up to him, and, without saying a word, slapped him, knocked off his hat, and, putting his hand into his hip pocket, drew out a pistol. Morris ran out the rear door, through a gangway, into the alley near deceased's house, and there asked a colored woman to go into the saloon and get his hat for him. Meanwhile defendant put up his pistol, kicked Morris' hat over the floor, took a drink at the bar, and, in company with Darlington, went out on Eighth street to the corner of Clark avenue, and thence to the aforesaid alley. When they reached the corner of the alley, Morris was standing in the rear of the saloon, waiting for his hat. Defendant immediately started towards him, putting his hand in his pistol pocket, and Morris ran past the deceased's house to a vacant lot, and thence back to Eighth street. The deceased was in her room at the time, entertaining a visitor, a negro woman named Reynolds. The door of the room was immediately on the alley, about a foot above the level of the pavement, and had a single stone step in front of it. Hearing a noise in the alley, and some one shouting, "Run! run!" both women went to the door, and just then defendant came up to the door, and cried out, "Let me in!" Deceased said, "What do you want in here?" Defendant replied. "I want to get that nigger out of here." Deceased said, "There is no nigger in here; you may look in, but you can't come in." He tried to force his way in, placing his foot on the stone step, when deceased picked up a seashell from her bureau, and, raising it in her hand, said, "If you come in here, I'll knock you in the head." Defendant stepped back, and the woman closed the door. He drew out his pistol, advanced, fired twice through the door, and then forced the door open, and fired directly at the woman, who fell, shot through the heart, and died almost instantly. The defendant, testifying in his own behalf, stated substantially as follows: He dropped into the Tunnel House to speak to the barkeeper, who was a friend of his; he was himself a bartender, going on duty at 5 o'clock in the afternoon. He had a revolver in his pocket, belonging to another man, on which he had loaned a dollar, and had been carrying it two or three weeks. He got to playing with Morris, and lost four dollars, when he concluded it was time to stop. Morris wanted him to play some more, and caught hold of him, and tried to pull him over to the pool table, when he slapped Morris with the back of his hand. Morris ran out the back way, and his hat "flew off;" he kicked the hat out the back door, and then went up to the bar, and talked to the barkeeper several minutes. He denied drawing the pistol out in the saloon. When he left, and reached the corner of the alley, he saw Morris, and started towards him for the purpose of asking him to come over to his own saloon, and play with him, so he could have a chance to win his money back; but Morris ran away (defendant said) into the deceased's house. He went up to the door, and saw deceased standing...

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16 practice notes
  • State v. Brinkley, No. 39557.
    • United States
    • Missouri Supreme Court
    • March 11, 1946
    ...the Crown, 484. (11) Defense of dwelling. Semayne's Case, supra; State v. Raper, 141 Mo. 327, 42 S.W. 935; State v. Kennade, 121 Mo. 405, 26 S.W. 347; State v. Sinclair, 250 Mo. 278, 157 S.W. 339; 25 A.L.R. 508-563, an annotation on subject. (12) Occupant may require withdrawal of one origi......
  • State v. Taylor
    • United States
    • United States State Supreme Court of Missouri
    • March 31, 1896
    ...following cases: State v. Avery, 113 Mo. 499, 21 S. W. 193; State v. Wisdom, 119 Mo. 539, 24 S. W. 1047; State v. Kennade, 121 Mo. 405, 26 S. W. 347; State v. Fitzgerald (Mo. Sup.) 32 S. W. (e) Doubtless, technical error occurred in admitting in evidence the cross-examination of Mrs. Fowler......
  • State v. Sorrentino, 1181
    • United States
    • United States State Supreme Court of Wyoming
    • March 25, 1924
    ..."moonshine" in his house would not effect his right to defend his person and habitation, Russell v. State, 54 So. 360; State v. Kennade, 26 S.W. 347; the occupant of a dwelling house may defend his habitation against an attempt of felony about to be committed therein, even to the extent of ......
  • State v. Parker, No. 40611.
    • United States
    • United States State Supreme Court of Missouri
    • October 11, 1948
    ...(1) No error was committed by the court in the rejection of the testimony of Frank Seay, as to deceased's reputation. State v. Kennade, 26 S.W. 347, 121 Mo. 405; State v. Carroll, 62 S.W. (2d) 863; State v. Petit, 24 S.W. 1014, 119 Mo. 410. (2) The court did not commit error in its refusal ......
  • Request a trial to view additional results
16 cases
  • State v. Brinkley, No. 39557.
    • United States
    • Missouri Supreme Court
    • March 11, 1946
    ...the Crown, 484. (11) Defense of dwelling. Semayne's Case, supra; State v. Raper, 141 Mo. 327, 42 S.W. 935; State v. Kennade, 121 Mo. 405, 26 S.W. 347; State v. Sinclair, 250 Mo. 278, 157 S.W. 339; 25 A.L.R. 508-563, an annotation on subject. (12) Occupant may require withdrawal of one origi......
  • State v. Taylor
    • United States
    • United States State Supreme Court of Missouri
    • March 31, 1896
    ...following cases: State v. Avery, 113 Mo. 499, 21 S. W. 193; State v. Wisdom, 119 Mo. 539, 24 S. W. 1047; State v. Kennade, 121 Mo. 405, 26 S. W. 347; State v. Fitzgerald (Mo. Sup.) 32 S. W. (e) Doubtless, technical error occurred in admitting in evidence the cross-examination of Mrs. Fowler......
  • State v. Sorrentino, 1181
    • United States
    • United States State Supreme Court of Wyoming
    • March 25, 1924
    ..."moonshine" in his house would not effect his right to defend his person and habitation, Russell v. State, 54 So. 360; State v. Kennade, 26 S.W. 347; the occupant of a dwelling house may defend his habitation against an attempt of felony about to be committed therein, even to the extent of ......
  • State v. Parker, No. 40611.
    • United States
    • United States State Supreme Court of Missouri
    • October 11, 1948
    ...(1) No error was committed by the court in the rejection of the testimony of Frank Seay, as to deceased's reputation. State v. Kennade, 26 S.W. 347, 121 Mo. 405; State v. Carroll, 62 S.W. (2d) 863; State v. Petit, 24 S.W. 1014, 119 Mo. 410. (2) The court did not commit error in its refusal ......
  • Request a trial to view additional results

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