State v. Marshall
Supreme Court of Missouri
Appeal from Washington Circuit Court. The law does not require an order of the court on the sheriff to be sealed. (R. O. 1855, p. 910, § 2.) Appellant waived all informalities, if any, in the empannelling of the jury, by going to trial without making exceptions thereto. (Samuels v. State, 8 Mo. 68.) The State can prove declarations of defendant, but defendant cannot prove them, when objection is made.
1Opinion of the CourtHolmes, Judge
The defendant was indicted, tried and convicted of murder in the first degree, and sentenced to be hung, and an appeal was taken to this court. There was no motion in arrest of judgment; no motion for a new trial appears in the.bill of exceptions. Some exceptions were taken and objections were made, in the progress of the trial, without saving exceptions. Nevertheless, we have examined the whole record, in order to see if there were any error that would justify us in reversing the judgment.
It is objected that the jury was not summoned in accordance with the provisions of the statute. There…
2Cases cited11 opinions
- State v. MixSupreme Court of Missouri · 1851
- Williams v. Circuit Court of St. Louis countySupreme Court of Missouri · 1838
- Field v. MatsonSupreme Court of Missouri · 1844
- Samuels v. StateSupreme Court of Missouri · 1831
- Allen v. BrownSupreme Court of Missouri · 1838
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3Cited by75 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- State v. RaySupreme Court of Missouri · 1873
- Exchange National Bank v. AllenSupreme Court of Missouri · 1878
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