holding that the State was not required to accept a judicial admission or stipulation of the defendant and may insist on proving a fact with testimony from a live witness
How later courts described this case
- holding that the State was not required to accept a judicial admission or stipulation of the defendant and may insist on proving a fact with testimony from a live witness
Written by the judges who cited it.
The opinion
ON MOTION TO MODIFY OPINION.
On motion of the Attorney General the opinion herein is modified in the manner and for the reasons stated in the Per Curiam in State of Missouri, respondent, v. John Brown, appellant, 341 Mo. 53 , 112 S.W.2d 568 . The judgment on the verdict herein convicting appellant of murder in the first degree and inflicting capital punishment is hereby affirmed; and the cause is remanded to the trial court with directions to have the appellant brought before it and to impose a sentence of death by lethal gas in accordance with the provisions of Laws 1937, pages 222, 223.