State v. Wana
Citation | 150 S.W. 1065,245 Mo. 558 |
Parties | STATE v. WANA. |
Decision Date | 13 November 1912 |
Court | United States State Supreme Court of Missouri |
Appeal from St. Louis Circuit Court; Geo. C. Hitchcock, Judge.
Asaff G. Wana was convicted of an assault without malice, and he appeals. Affirmed.
The testimony showed a street light, during which the defendant cut the prosecuting witness with a knife. He claimed self-defense. The question was as to which one began the fight. The prosecuting witness swore that defendant made the first assault by cutting through his coat, in the back, three times. The defendant's evidence tended to prove that he was first assaulted and knocked down; and that he then, in self-defense, cut the prosecuting witness in the forehead.
John E. Bowcock, for appellant. Elliott W. Major, Atty. Gen., and John M. Dawson, Asst. Atty. Gen., for the State.
Several errors are claimed in the motion for a new trial; but in this court defendant insists only upon the assignment of error in connection with the following episode, which occurred during the final arguments. As taken in full from the record, here is what transpired during the closing argument by Mr. Bowcock, attorney for defendant:
Afterwards, during the closing argument of counsel for the state, there occurred the following: ...
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State v. Barbata, 33763.
...any objection, exception, or request to strike this particular testimony in the record. It is not before this court for review. See State v. Wana, 245 Mo. 558, loc. cit. 562, 150 S. W. 1065. It is well settled that a lay witness, giving his opinion that a party is insane, must detail the fa......
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Grubbs v. Public Service Co.
...failure to rule. [Shanahan v. City of St. Louis (Mo. Sup.), 212 S.W. 851; Bank v. Hutton, 224 Mo. 42, 50, 123 S.W. 47; State v. Wana, 245 Mo. 558, 563, 150 S.W. 1065.] It is next contended that the court erred in making prejudicial comment in the presence and hearing of the jury concerning ......
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Hancock v. Kansas City Terminal R. Co.
......836; Scott v. Mo. Pac. Ry. Co., 62 S.W.2d 834; Span v. Jackson-Walker Coal & Min. Co., 16 S.W.2d 200; Rockenstein v. Rogers,. 31 S.W.2d 792; State ex rel. Randall v. Payne, 108. S.W.2d 122; Blankenship v. St. L. Pub. Serv. Co., 71. S.W.2d 723; Globe American Corp. v. Miller, 131. S.W.2d 340; ... to at the trial, and hence are not reviewable here. Powell v. Railroad Co., 255 Mo. 454; State v. Wana, 245 Mo. 558; Newport v. Montgomery Ward & Co., 127 S.W.2d 687; Gabelman v. Bolt, 80. S.W.2d 171; Busch v. Railroad Co., 17 S.W.2d 337;. Smith v. ......