State v. Burns
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. I. The defendant having been put upon his trial under a charge of murder, and nine jurors having been selected and accepted both on the part of the State and himself, it was error on the part of the court to permit the men so passed upon and accepted to separate unconditionally in order to await the filling up of the panel on the following day. (1 Gra. & Wat. on New Trials, 62, and notes; Commonwealth v. McCaul, 1 Ya.
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Appeal from St. Louis Criminal Court. I. The defendant having been put upon his trial under a charge of murder, and nine jurors having been selected and accepted both on the part of the State and himself, it was error on the part of the court to permit the men so passed upon and accepted to separate unconditionally in order to await the filling up of the panel on the following day. (1 Gra. & Wat. on New Trials, 62, and notes; Commonwealth v. McCaul, 1 Ya. Cases, 271-288; 1 Conn. 401.) Every principle laid down in the above cited authorities respecting jurors sworn, applies with redoubled…
1Opinion of the CourtBay, Judge
The defendant and one Wilson were indicted at the March term, 1862, of the St. Louis Criminal Court, for the murder of John C. Gilmore, a police officer of the city of St. Louis. A severance being had, the defendant was tried at the July term following, and convicted of murder in the first degree, and sentenced to be executed. From this judgment he appeals to this court.
For the purposes of this case, it is unnecessary to give more than a mere outline of the testimony, as the main ground relied upon for a reversal has no reference to the evidence. In December, 1861, and about two o’clock at…
2Cited by13 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- Commonwealth v. PhelpsMassachusetts Supreme Judicial Court · 1911
- Lipscomb v. StateMississippi Supreme Court · 1897
- Commonwealth v. VenturaMassachusetts Supreme Judicial Court · 1936
- Bell v. StateSupreme Court of Alabama · 1903
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