State v. Vaughan

CourtUnited States State Supreme Court of Missouri
Citation152 Mo. 73,53 S.W. 420
PartiesSTATE v. VAUGHAN.
Decision Date31 October 1899

Appeal from circuit court, Osage county; Rudolph Hirzel, Judge.

William B. Vaughan was convicted of murder, and appeals. Affirmed.

Wm. A. Davidson, for appellant. Edward C. Crow, Atty. Gen., for the State.

GANTT, P. J.

This cause is here for the second time. The first appeal is reported in State v. Vaughan, 141 Mo. 521, 42 S. W. 1080. The judgment was reversed on that occasion because of an erroneous instruction for the state. On this appeal no counsel have appeared for defendant, and we are remitted to the transcript to ascertain the facts and the rulings of the circuit court. The evidence is substantially the same as on the first appeal, and is sufficient to sustain the verdict and sentence of murder in the second degree.

2. A point is made on the admission of the evidence of Dr. William Frye. This physician, at the request of the coroner, made a post-mortem examination of the deceased to ascertain if there were any other cause than the wound produced by the defendant on his arm. When asked by counsel for the state to state the result of the autopsy, counsel for defendant objected, because the law required the coroner to make a record of his inquest, and because the physician could not disclose what he did while assisting the coroner, who was not a physician. The trial court promptly overruled these objections, and his action was assigned as ground for a new trial. The learned circuit court was clearly right. The fact that the coroner was required to make a record in no way affected the competency of Dr. Frye to testify to what he found upon his autopsy. The identical question was raised in Com. v. Taylor, 132 Mass. 261, and the supreme court of Massachusetts held it did not affect the competency of the physician, even though he proceeded without authority according to the laws of that state. Here there is...

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11 cases
  • State v. Miller
    • United States
    • Missouri Supreme Court
    • June 13, 1949
    ...State v. Lyle, 353 Mo. 386, 182 S.W.2d 530; State v. Hubbard, 351 Mo. 143, 171 S.W.2d 701; State v. Pillow, 169 S.W.2d 414; State v. Vaughan, 152 Mo. 73, 53 S.W. 420; State v. Moore, 117 Mo. 395, 22 S.W. 1086; Satte v. Pippin, 209 S.W.2d 132; Ryan v. United States, 99 F.2d 864, certiorari d......
  • State v. Loon
    • United States
    • Idaho Supreme Court
    • June 15, 1916
    ... ... (21 Cyc. 1026, note 49; United States v. Woods, 4 Cranch ... C. C. 484, F. Cas. No. 16,760; Brennan v ... People, 37 Colo. 256, 86 P. 79; Fuqua v ... Commonwealth, 24 Ky. Law, 2204, 73 S.W. 782; Joslin ... v. State, 75 Miss. 838, 23 So. 515; State v ... Vaughan, 152 Mo. 73, 53 S.W. 420; Lyles v ... State, 48 Tex. Cr. 119, 86 S.W. 763; State v ... Brumo, 153 Iowa 7, 132 N.W. 817; People v ... Smith, 164 Cal. 451, 129 P. 785; People v ... Cassesse, 251 Ill. 422, 96 N.E. 274; Bilton v ... Territory, 1 Okla. Cr. 566, 99 P. 163.) ... ...
  • State v. Aguelera
    • United States
    • Missouri Supreme Court
    • December 31, 1930
  • Clay v. State
    • United States
    • Wyoming Supreme Court
    • June 26, 1906
    ...induce the accused to make statements that were false. (Jackson v. U.S. 102 F. 482-3; Cornill v. State (Wis.), 80 N.W. 745-8; State v. Vaughn (Mo.), 53 S.W. 420; v. Cressenger (Pa.), 44 A. 43; People v. Mahon, 15 N.Y. 384.) The fact that a confession was made by the accused while under arre......
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