State v. McO'Blenis
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Robert McO’Blenis was indicted at the April term of the St. Louis Criminal Court, in the yaar 1855, for the murder of Benjamin F. Brand. The indictment contained but one count, and that was for murder in the first degree. The cause was taken by change of yenue to the St. Louis Circuit Court.
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Appeal from St. Louis Circuit Court. Robert McO’Blenis was indicted at the April term of the St. Louis Criminal Court, in the yaar 1855, for the murder of Benjamin F. Brand. The indictment contained but one count, and that was for murder in the first degree. The cause was taken by change of yenue to the St. Louis Circuit Court. Upon the trial, the State offered to read in evidence the deposition of Louis Nievergelder, a witness sworn and. examined on behalf of the State on the examination of the defendant before Mann Butler, the committing magistrate, on the charge of felo-niously shooting…
1Opinion of the CourtLeoward, Judge
The main question that has been discussed before us in this case is the competency of Nievergelder’s deposition, which was regularly taken before the committing magistrate upon the preliminary examination in the presence of the accused, and read on the trial upon proof of the deponent’s death. Before we dispose of it, however, we will remark that on a careful examination of the record and consideration of other points presented, we have not found any ground for reversing the judgment, in the empanelling of the jury, in the admission or exclusion of evidence, in the instructions under which…
2Cited by53 opinions
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- State v. DurhamSupreme Court of Missouri · 1967
- Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Blackwell v. StateSupreme Court of Florida · 1920
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