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State v. Hilderbrand

State v. Hilderbrand, 105 Mo. 318 (1891)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
April 15, 1891
Judges
MacFarlane
Citations
105 Mo. 318
Disposition
Reversed and remanded.
Headnotes
Criminal Practice: evidence : declarations of codefendant. Declarations made by a defendant subsequent to the commission of the common criminal act, tending to prove complicity on the part of a codefendant, are inadmissible against the latter.
Summary
Appeal from Morgan Circuit Court. — Hon. E. L. Edwards, Judge,

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — MacFarlane

Text extracted by OCR from a scanned original; check the original for exact wording.

Macfarlane, J.

Defendant was jointly indicted with. Henry T. Melrose and James Parris for the larceny of a steer. On the trial witnesses were permitted to detail in evidence, over defendant’s objection, declarations made by Farris, subsequent to the common criminal enterprise, which tended to prove defendant’s complicity in the crime. Under the authority of State v. Melrose, 98 Mo. 594 , the admission of these declarations was error.

Judgment reversed and cause remanded.

All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1893: 21899: 11901: 11906: 118932026peak 1893 · 2

Relies on it most ⓘ

  1. State v. Minton22 S.W. 808 (Mo. 1893)
  2. State v. Brennan65 S.W. 325 (Mo. 1901)
  3. State v. Flanders23 S.W. 1086 (Mo. 1893)
  4. State v. Harris51 S.W. 481 (Mo. 1899)
  5. State v. Forshee97 S.W. 933 (Mo. 1906)

Most recent

  1. State v. Forshee97 S.W. 933 (Mo. 1906)
  2. State v. Brennan65 S.W. 325 (Mo. 1901)
  3. State v. Harris51 S.W. 481 (Mo. 1899)
  4. State v. Flanders23 S.W. 1086 (Mo. 1893)
  5. State v. Minton22 S.W. 808 (Mo. 1893)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Melrose, 98 Mo. 594 (1889) 10

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