State v. Cooper

Citations

• 83 Mo. 698

Syllabus

<p>1. Evidence: contradiction on witness. Where it is sought to contradict a witness by reading from the bill of exceptions containing her testimony on a former trial of the cause, only such portions-■of her testimony can be read as she denied then testifying to.</p> <p>2. -: -: murder. Evidence which goes to show the partiality of a witness is admissible ; but where in a trial for murder, evidence of one’s own statements is offered to show his bias as a witness, its exclusion will not be reversible error where the witness is the father of the deceased and the evidence fully warrants the verdict.</p> <p>8. -: instructions. On a trial for murder evidence of the threat of a third person, having no connection with the homicide, is properly excluded from the consideration of the jury.</p> <p>4. -: rebuttal. Evidence offered in rebuttal which tends to overthrow the theory sought to be established by the defence is admissible.</p> <p>5. Practice: instructions. Instructions embraced in others given are properly refused.</p>