State v. Grate
Supreme Court of Missouri
Error to Clark Circuit Court. — Hon. John C. Anderson, Judge. 1. The failure of the record to show a presentment of the indictment in open court by the grand jury is a fatal defect. Constitution of Missouri (1865), art. 1, § 24; Wag. Stat., § 21, p. 1084; § 1, p. 1086; Gardner v. People, 20 111. 433; Rainey v. People, 3 Gil. (111.) 72; Brown v. State, 7 Humph. (Tena.) 155; Chappel v. State, 8 Yerg.
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Error to Clark Circuit Court. — Hon. John C. Anderson, Judge. 1. The failure of the record to show a presentment of the indictment in open court by the grand jury is a fatal defect. Constitution of Missouri (1865), art. 1, § 24; Wag. Stat., § 21, p. 1084; § 1, p. 1086; Gardner v. People, 20 111. 433; Rainey v. People, 3 Gil. (111.) 72; Brown v. State, 7 Humph. (Tena.) 155; Chappel v. State, 8 Yerg. (Tenn.) 170; Hite v. State, 9 Yerg. 198; Commonwealth v. Caioood, 2 Va-cases 527 ; Green v. State, 19 Ark. 178 ; Cachute v. State, 50 Miss. 165; Laura v. State, 26 Miss. 176; Friar v. State, 3 How.…
1Opinion of the CourtSherwood, C. J.
— Defendant, indicted for murder in the first degree, was, upon trial had, convicted of manslaughter in the second degree, and comes here alleging *25divers errors. Owing to the conclusion we have reached, after a careful examination of the record, we have deemed it unnecessary to give expression to our views in detail respecting many of those errors, since in the view a majority of the court have taken,-the cause must be retried, and since, also, we regard the trial of the defendant as having been, for the most part, very faiily conducted, and the law, in the main, correctly administered. In…
2Cases cited6 opinions
- State v. PittsSupreme Court of Missouri · 1875
- Lemons v. StateWest Virginia Supreme Court · 1870
- State v. ClarkSupreme Court of Missouri · 1853
- State v. SaundersSupreme Court of Missouri · 1873
- Baker v. HenrySupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- State v. HopeSupreme Court of Missouri · 1889
- Brown v. StateCourt of Criminal Appeals of Oklahoma · 1994
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. CampbellSupreme Court of Missouri · 1908
- State v. BarrettaUtah Supreme Court · 1916
35 more not listed; retrieve them via the Exa API.