State v. Martin
Supreme Court of Missouri
Appeal from Benton Circuit Court. This was an indictment for grand larceny. The indictment charged the defendant, William Z. Martin, with felo-niously stealing two oxen, the property of Stephen L. Cheat-ham.
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Appeal from Benton Circuit Court. This was an indictment for grand larceny. The indictment charged the defendant, William Z. Martin, with felo-niously stealing two oxen, the property of Stephen L. Cheat-ham. The court gave the following instructions at the instance of the prosecution: “ 1. If the jury believe from the evidence that said Cheatham was the owner and possessed of the cattle mentioned in the indictment, and that defendant knowingly took and drove them away, in Benton county, against the consent of said owner, without any claim of right, and with the intent to deprive said owner of…
1Opinion of the CourtNapton, Judge
The first point presented by the record relates to the cofn-petency of the juror Gallaher, who, upon his voir dire, stated that he knew the cattle alleged to have been stolen; that his brother had once owned them and had sold them to a man named Kerr, who had subsequently sold them to Cheat-ham, the person alleged in the indictment to be their owner. This juror the court declared competent, and the defendant was compelled to get rid of him by a peremptory challenge, so that, although the juror did not sit in the case, the question of his competency may be considered as fairly before this…
2Cited by15 opinions
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- State v. LacklandSupreme Court of Missouri · 1896
- State v. TiptonSupreme Court of Missouri · 1925
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