State v. Purdin

Decision Date31 October 1878
Citation68 Mo. 99
PartiesTHE STATE v. PURDIN, Appellant.
CourtMissouri Supreme Court

Appeal from Scotland Circuit Court.--HON. JOHN C. ANDERSON, Judge.

J. L. Smith, Attorney-General, for the State.

NAPTON, J.

Purdin was indicted in Scotland county for hog stealing, and was convicted. On the trial, one of the witnesses for the State, James McKnight, was asked if he met one Saunders on the streets of Memphis and had a conversation with him in regard to the hogs found at Richardson's, and if, in that conversation, he did not say that he did not recognize the hogs at Richardson's as his hogs, but he thought his son would? To this question McKnight answered, admitting the conversation, but denying that he said he did not recognize the hogs. On the examination of defendant's witnesses, this man Saunders was called and asked if, in the conversation with McKnight at Memphis, McKnight said to him that he could not recognize the hogs at Richardson's, but thought his boys could? This question was objected to, and the court sustained the objection, and excluded the question, and this court being of opinion that the question was proper, will reverse the judgment and remand the case.

The other judges concur.

REVERSED.

To continue reading

Request your trial
5 cases
  • Radler v. St. Louis-San Francisco Ry. Co.
    • United States
    • Missouri Supreme Court
    • 10 Junio 1932
    ... ... 587; Porter v. St. Joseph ... Ry. Co., 311 Mo. 66; Smith v. Motorbus Co., 296 ... S.W. 457; Degonia v. Railroad, 224 Mo. 589; ... State ex rel. v. Ellison, 270 Mo. 653; Kitchen ... v. Mfg. Co., 20 S.W.2d 682; Krelitz v ... Calcaterro, 33 S.W.2d 911. (b) As a matter of law ... brake. Porter Motor Corp. v. United States Casualty ... Co., 18 S.W.2d 137; 40 Cyc. 2707, note 56; State v ... Purdin, 68 Mo. 99; Spohn v. Railway, 122 Mo ... 21; 40 Cyc. 2735, 2737; State v. Carter, 259 Mo ... 357; Peck v. Ritchey, 66 Mo. 120; Sullivan ... ...
  • Spohn v. The Missouri Pacific Railway Company
    • United States
    • Missouri Supreme Court
    • 14 Mayo 1894
    ...and the rule approved and applied in this state. Garrett v. State, 6 Mo. 1; State v. Davis, 29 Mo. 391; State v. Foye, 53 Mo. 336; State v. Purdin, 68 Mo. 99; State v. 79 Mo. 330; Mahaney v. Railroad, 108 Mo. 191, 18 S.W. 895. Scott, J., speaking for the court in State v. Davis, supra, said......
  • Radler v. St. Louis-San Francisco Ry. Co.
    • United States
    • Missouri Supreme Court
    • 1 Julio 1932
    ...that he knew the condition of the brake. Porter Motor Corp. v. United States Casualty Co., 18 S.W. (2d) 137; 40 Cyc. 2707, note 56; State v. Purdin, 68 Mo. 99; Spohn v. Railway, 122 Mo. 21; 40 Cyc. 2735, 2737; State v. Carter, 259 Mo. 357; Peck v. Ritchey, 66 Mo. 120; Sullivan v. Ry., 133 M......
  • Spohn v. The Missouri Pacific Railway Company
    • United States
    • Missouri Supreme Court
    • 13 Junio 1893
    ... ... conductor to the apparent intelligence of plaintiff and his ... conduct in the conductor's presence. That these ... propositions correctly state the law, see Spohn v ... Railroad, 101 Mo. 456; Twombly v. Railroad, 69 ... N.Y. 158; Stokes v. Saltonstall, 13 Pet. 181; ... Coal Co. v ... McCarty and Meyers. Garrett v. State , 6 Mo. 1; ... State v. Davis , 29 Mo. 391; State v ... Purdin , 68 Mo. 99; Spohn v. Railroad , 87 Mo ... 74; The Charles Morgan , 115 U.S. 69, 29 L.Ed. 316, 5 ... S.Ct. 1172; Conrad v. Guffy , 16 How. 38, ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT