State v. Reavis
| Decision Date | 30 April 1880 |
| Parties | THE STATE v. REAVIS, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Audrain Circuit Court.--HON. G. PORTER, Judge.
REVERSED.
Forrist & Fry for appellant.
J. L. Smith, Attorney-General, for the State.
At the October term, 1878, of the circuit court of Audrain county, the defendant and one John Arnott were jointly indicted for grand larceny for stealing two head of cattle. A severance was ordered, and the defendant being arraigned, pleaded “not guilty.” At the June term, 1879, a nolle prosequi was entered as to Arnott, and at the trial of the defendant Arnott was used by the State as a witness against him. It appears from the record that after testimony as to the larceny charged, as well as other larcenies, The indictments offered were received in evidence against the objections of the defendant. The court erred in permitting these indictments to go to the jury. They were not admissible even for the purpose stated, and they were certainly calculated to prejudice the jury against the defendant. The State should not have been permitted to show by indirection, that the defendant was under indictment for other offenses similar to the one for which he was then being tried. If the extent of the inducements held out to Arnott to testify against the defendant in this case, was a matter to be considered by the jury in determining his credibility, as is contended by the State, it would necessarily have involved the probability of conviction under the indictments pending against him in which no nolle had been entered. Arnott may not have apprehended any danger from those prosecutions, and may not,...
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