State v. Shields
| Citation | 13 Mo. 236 |
| Parties | THE STATE OF MISSOURI v. THOMAS SHIELDS, APPELLANT. |
| Decision Date | 31 March 1850 |
| Court | United States State Supreme Court of Missouri |
APPEAL FROM ST. LOUIS CRIMINAL COURT.
HALL, for Appellant. 1. Evidence of general bad character of a witness is competent to impeach him. The court there, erred in refusing to allow the inquiry to be made of Ferguson a witness of the State. 1 Hill, 251; 2 Cowen & Hill, 767; Wike v. Lightner, 11 Serg. & Rawle, 190; Evans v. Smith, 5 Monroe, 363. 2. Evidence of the bad character of a witness for chastity, is also admissible in impeachment of such witness. Evans v. Smith, 5 Monroe, 363. 3. It was error in the court to refuse to tell the jury that the defendant had a right to go to the house of Mrs. King, for the peaceable purpose of seeking an explanation of the maltreatment of his family; though not a justification of an assault, if one was made, yet if an assault was not the purpose of going there; and the assault grew out of bad blood afterwards engendered, it much mitigates the offense. 4. The court did wrong in excluding the evidence of the threats made subsequent to the assault, after it had allowed the State to inquire minutely into them on cross-examination. The State takes the chance of finding, on closer inquiry, something for its advantage. When it has done so and meets only with disappointment, it cannot then denounce and exclude it. It elects to take it when it seems probable it may be advantageous, but rejects that election as soon as it proves otherwise.
LACKLAND, for The State. The court did not err in sustaining the objection to the first question asked the witness, Ferguson. The question was too vague; under the circumstances of this case the defendant had no right to call the character of Mary King in question upon any subjects except two. 1st. The defendant might inquire into her general character for truth and veracity, to show how much faith and confidence the jury ought to extend to her. 2nd. The defendant might inquire into her general character for peace and quietude, as bearing upon the question of provocation. The question was bad; because it was not sufficiently specific towards these subjects. The court did not err in sustaining the objection to the second question asked Ferguson, as to the general character of the witness, Mary King, for chastity. Because her chastity was entirely foreign from the issue, and therefore the question was irrelevant. The court did not err in giving the instruction for the State. It was for the...
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State v. Williams
...The court committed no error in permitting the State to impeach the defendant's reputation for morality after she had testified. State v. Shields, 13 Mo. 236; Sec. 3692, R.S. 1929; State v. Cooper, 271 S.W. 471; State v. Hodges, 295 S.W. 786; State v. Scott, 58 S.W. (2d) 279, 332 Mo. 255; S......
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The State v. Beckner
...and for possessing the various attributes of an immoral character is bad, has been the settled law of this State since the case of State v. Shields, 13 Mo. 236, decided in 1850. State v. Shields, 13 Mo. 236; State v. Hamilton, 55 Mo. 520; State v. Breeden, 58 Mo. 507; State v. Clinton, 67 M......
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State v. Williams
...The court committed no error in permitting the State to impeach the defendant's reputation for morality after she had testified. State v. Shields, 13 Mo. 236; Sec. R. S. 1929; State v. Cooper, 271 S.W. 471; State v. Hodges, 295 S.W. 786; State v. Scott, 58 S.W.2d 279, 332 Mo. 255; State v. ......
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State v. Whipkey
... ... Decker, 616 Mo.App. 396, 143 S.W. 544; State v ... Grant, 76 Mo. 236; State v. Hack, 118 Mo. 92, ... 23 S.W. 1089; State v. Hamilton, 55 Mo. 520; ... State v. Miller, 71 Mo. 590; State v ... Pollard, 174 Mo. 607, 74 S.W. 969; State v ... Scott, 332 Mo. 255, 58 S.W.2d 275; State v. Shields, 13 ... J. E ... Taylor, Attorney General, and Samuel M. Watson, Assistant ... Attorney General, for respondent ... (1) It ... was not error for the court to give to the jury that part of ... Instruction 6 which reads as follows: "In this ... connection ... ...