State v. Mann

Citations

• 83 Mo. 589

Syllabus

<p>1. Criminal Practice: continuance. The action of the trial court, in overruling an application for a continuance, vri.ll not be reviewed in the Supreme Court, where it is not assigned as error in the motion for a new trial.</p> <p>2. -: CHANGE OF venue. The objection that the trial court transferred the cause on application by defendant for a change of venue to a county alleged in the application to be ¡30 prejudiced against him as to prevent him from having a proper trial there, comes too late for the first time in the appellate court.,</p> <p>S. -: grand jury : waiver. The objection that the record does not show that the grand jury as a body returned the indictment into court, if otherwise well taken, comes too late after verdict.</p> <p>4. Evidence: statement oe absent witness, contradiction oe. Where the defendant in a criminal case reads as the evidence of an absent witness the statement contained in the affidavit for continuance of what the evidence of the witness would be if present, the state may contradict his testimony or impeach the witness as if he were present. And the state may offer the witness himself to contradict such statement so read in evidence.</p> <p>5. Murder : evidence. On a trial for murder it is not competent for the defendant to prove that a third person had malice against the deceased and had threatened to kill him. It would, however, be competent to show that such person did in fact kill the deceased.</p> <p>•6. Jurors, Examination on Voir Dire: peremptory challenges. The trial court committed error in refusing to permit defendant to •inquire of the jurors on their voir dire if any of them belonged to .an association having for its object the prosecution of crime or aid to courts and officers in enforcing the criminal laws. The inquiry should have been permitted in order to enable the accused to exercise judiciously his right of peremptory challenges.</p> <p>7. -: Jurors however on such examination on them voir dire are not bound to