263 Mo. 600 | Mo. | 1915
Charged with murder in the first degree in having shot and killed George W. Booth in Bates county in April, 1913, appellant was, upon a trial, convicted of murder in the second degree, and his punishment fixed at ten years ’ imprisonment in the penitentiary. Following the usual procedure he brings his case here for review.
A statement of the facts as to the homicide is unnecessary on account of prejudicial error admitted by the Attorney-General in regard to the improper examination of certain witnesses.
The appellant had testified’ in,his own behalf. Counsel for the prosecution thereupon introduced witnesses, who, in addition to being interrogated as to appellant’s reputation for truth and veracity and general bad character, were asked as to his reputation as a peaceable law-abiding citizen. He had not in any manner made this an issue in'the case.
It follows, therefore, that the admission of the testimony complained of was error and that this ease should be reversed and remanded, and it is so ordered.