106 Mo. App. 215 | Mo. Ct. App. | 1904
(after stating the facts). — The error complained of by the defendant is the action of the trial court in excluding the transcript from the docket of the police court and sustaining the objections to the following questions propounded to plaintiff on her cross-examination: First: “You whipped her (Mrs. Spior) once, and I will ask you if she didn’t have you arrested and try you in the police court?” Second: “You were never fined by the police judge in the police court in the city of St. Louis?” Defendant does not set out the answers be expected to elicit from plaintiff to the above questions, and for this reason we might dismiss the matter without comment. But' we will anticipate what
In respect to the exclusion of the transcript from the docket of the police justice, we need only repeat what has often been said by the Supreme Court, that is, that a record of a court of a former conviction of crime is not admissible for the purpose of discrediting a witness, unless the conviction was of an offense the law denounces as_infamous. Fanning v. State, 14 Mo. 386; State v. Taylor, 98 Mo. 240; State v. Donnelly, 130 Mo. 642; Gardner v. Railway, 135 Mo. 90; State v. Grant, 144 Mo. 56.
The errors complained of we think are without substantial merit and the judgment is affirmed.