Melville Fuller

“ The right of the accused to the indorsement of names of witnesses does not rest on the common law, but is statutory, and provided for in Missouri by § 2517 of the Revised Statutes of 1899, whereby the right of the state to use other witnesses not so indorsed is recognized. The state supreme court discussed the matter at length, held there was no error, and added: 'Aside from all this it is manifest that the defendant has no right to complain of any prejudicial error upon the action of the coutr upon this motion. ”

“ Plaintiff in error was found guilty of murder in the first degree in the circuit court of St. Louis county, Missouri, and after motions for new trial and in arrest of judgment were made and overruled, judgment was rendered on the verdict and sentence passed accordingly. The case was carried to the supreme court of the state and the judgment was affirmed by division No. 2 of that court, having appellate jurisdiction of criminal cases. No Federal question was referred to in the opinion of the court. ”

“ C. Rep. 77. And if, as decided, the admission of this testimony did not violate the rights of the plaintiff in error under the Constitution and laws of the state of Missouri, the record affords no basis for holding that he was not awarded due process of low. ”