Legal Opinion

State v. Murray

Supreme Court of Missouri

Decided February 12, 1895PublishedCited by 14 opinions

Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) After defendant’s conviction he filed his motion for a new trial. In due time the' same was taken up, considered, and overruled by the court; to which action of the court in overruling said motion for a new trial, defendant did not take orsave any exceptions.

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Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) After defendant’s conviction he filed his motion for a new trial. In due time the' same was taken up, considered, and overruled by the court; to which action of the court in overruling said motion for a new trial, defendant did not take orsave any exceptions. He will be taken by his failure so to do to have acquiesced therein, and is now precluded from presenting any exceptions saved during the entire trial except such as are preserved in the record proper. State v. Gilmore, 110 Mo. 7; Taylor v. Switder, 110 Mo. 411;…

1Opinion of the CourtBuegess, J.

— At the January term, 1894, of'the St. Louis county circuit court, the defendant, with his brother, James Murray, was indicted for murder of the first degree for the killing of Edgar Fitzwilliams. Counsel was assigned defendant,' and at the May term following, upon his application, a change of venue was awarded him to the circuit court of Q-aseonade county, where at the September term, 1894, of that court, he was put upon his trial and convicted of murder in the first degree, and now prosecutes his appeal to this court, in which he is not represented by counsel.

The facts as disclosed by the…

2Cases cited6 opinions

  1. State v. GilmoreSupreme Court of Missouri · 1892
  2. State v. McDonaldSupreme Court of Missouri · 1885
  3. State v. BlanSupreme Court of Missouri · 1879
  4. State v. PintsSupreme Court of Missouri · 1876
  5. State ex rel. Dopkins v. HitchcockSupreme Court of Missouri · 1885

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3Cited by14 opinions

  1. Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
  2. State v. LibbySupreme Court of Missouri · 1907
  3. State v. KoplanSupreme Court of Missouri · 1902
  4. Wilbrandt v. Laclede Gas Light Co.Missouri Court of Appeals · 1909
  5. Abbott v. GillumSupreme Court of Missouri · 1898

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