State v. Hays
Supreme Court of Missouri
Appeal from Randolph Circuit Court. The facts are stated in the opinion of the court. argued the following points : I. The Circuit Court erred in forcing the defendant to make bis peremptory challenges before the State. (R. C. 1845, p. 878-9, § 3, 4 ; 3 Ohitty’s Practice, 872.) II. The defendant ought to have been allowed to prove the threats of the deceased. His defence was, that he hilled to save his own life, or to save himself from great personal injury.
Read the full summary
Appeal from Randolph Circuit Court. The facts are stated in the opinion of the court. argued the following points : I. The Circuit Court erred in forcing the defendant to make bis peremptory challenges before the State. (R. C. 1845, p. 878-9, § 3, 4 ; 3 Ohitty’s Practice, 872.) II. The defendant ought to have been allowed to prove the threats of the deceased. His defence was, that he hilled to save his own life, or to save himself from great personal injury. The threats were material to show that he had good cause for apprehension. (5 Geo. 85 ; 4 Barb. 460 ; 2 Comst. 202, per Bronson, J. ;…
1Opinion of the CourtRylaND, Judge
At the June term of the Circuit Court, within and for the county of Howard, in the year eighteen hundred and fifty-four, Etheldred J. Hays was indicted for the murder of John W. Brown. Upon the petition of the défendant, the venue was changed to the Circuit Court of the county of Randolph. At the May term, 1855, of the Randolph Circuit Court, the trial upon the indictment against the prisoner was had, and the jury found him guilty of murder in the first degree. He moved for a new trial, which was refused by the court. He also moved in arrest of judgment, which motion being overruled, he…
2Cases cited14 opinions
- Monroe v. StateSupreme Court of Georgia · 1848
- People v. RectorNew York Supreme Court · 1838
- Kellogg v. WadhamsSupreme Court of Connecticut · 1832
- Avery v. RayMassachusetts Supreme Judicial Court · 1804
- Lee v. WoolseyNew York Supreme Court · 1822
9 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Deal v. StateIndiana Supreme Court · 1895
- State v. PartlowSupreme Court of Missouri · 1886
- Roberts v. StateSupreme Court of Alabama · 1880
- Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
- State v. WalkerSupreme Court of Missouri · 1888
45 more not listed; retrieve them via the Exa API.