State v. Herring
Supreme Court of Missouri
Appeal from Buchanan Criminal Court. — Eon. Thomas F. By an, Judge. (1) It was prejudicial error to refuse the challenge for cause on the part of the defendants of venireman Rogers. Sec. 5220. R. & 1909. This man not only had an opinion, but had expressed it, and that opinion was not only an opinion, but it amounted to a definite determination of the gnilt of the defendants. (2) No crime was committed, proven or shown.
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Appeal from Buchanan Criminal Court. — Eon. Thomas F. By an, Judge. (1) It was prejudicial error to refuse the challenge for cause on the part of the defendants of venireman Rogers. Sec. 5220. R. & 1909. This man not only had an opinion, but had expressed it, and that opinion was not only an opinion, but it amounted to a definite determination of the gnilt of the defendants. (2) No crime was committed, proven or shown. The testimony not only fails to prove any crime, but strongly disproves any crime or intention to commit even an infraction of the asylum rule. The State’s evidence, apart from…
1Opinion of the Court
ROY, C.
— Defendants were charged with murder in the second degree and convicted of manslaughter in the fourth degree. The jury disagreed as,to the punishment. The court sentenced Herring to two' years in .the penitentiary, and Baldwin to pay a fine of five hundred dollars. They" have appealed.
They were both employed as attendants in ward 3 of Hospital Number Two for the Insane at St. Joseph. They both had' several years’ experience in such employment and the evidence shows that they had been previously careful in such work. Ward 3 was one in which violent patients were confined, but other…
2Cases cited29 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Dickson v. WaldronIndiana Supreme Court · 1893
- State v. RascoSupreme Court of Missouri · 1912
- State v. HaywardSupreme Court of Minnesota · 1895
- McKinstry v. City of TuscaloosaSupreme Court of Alabama · 1910
24 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Morris v. United StatesCourt of Appeals for the Ninth Circuit · 1946
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- State v. StidhamSupreme Court of Missouri · 1957
- New York Evening Post Co. v. ChalonerCourt of Appeals for the Second Circuit · 1920
- State v. OswaldSupreme Court of Missouri · 1957
23 more not listed; retrieve them via the Exa API.