Green v. State
Supreme Court of Missouri
APPEAL PROM CAPE GIRARDEAU CIRCUIT COURT. 1st. The ceurt should have continued the case over for a few days, on the affidavit of the defendant, for evidence material to him in the defense. It was a question of sound discretion to he exercised for the promotion of justice, and in a spirit of mercy. The affidavit makes a sufficient case, and the decision of the court was oppressive in forcing the trial under the circumstances. 2nd.
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APPEAL PROM CAPE GIRARDEAU CIRCUIT COURT. 1st. The ceurt should have continued the case over for a few days, on the affidavit of the defendant, for evidence material to him in the defense. It was a question of sound discretion to he exercised for the promotion of justice, and in a spirit of mercy. The affidavit makes a sufficient case, and the decision of the court was oppressive in forcing the trial under the circumstances. 2nd. Malice must be proved; it cannot he presumed in the case of murder. Whatever of doubt there may have been, should have been construed favorably to the defendant.…
1Opinion of the CourtRyland, J.
This was an indictment, found by the grand jury of Wayne county, at the Circuit Court, at March term, in the year 1849, against Thomas Stuart, Noel Green, William Green, Alfred Green, and William Cobb, for the murder of George Marr. The defendants were arraigned and plead not guilty to said indictment, at the term aforesaid, and also filed their petition praying for a change of venue, which petition was allowed and the venue changed to the county of Cape Girardeau.
At the May term of the Circuit Court in and for the county of Cape Girardeau aforesaid, the circuit attorney moves the court to…
2Cited by15 opinions
- State v. HolcombSupreme Court of Missouri · 1885
- State v. HayesSupreme Court of Missouri · 1883
- State v. SpaughSupreme Court of Missouri · 1906
- State v. VansantSupreme Court of Missouri · 1883
- McDaniel v. StateMississippi Supreme Court · 1872
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