Legal Opinion

State v. Underwood

Supreme Court of Missouri

Decided March 15, 1874PublishedCited by 69 opinions

Appeal from Marion Circuit Court. cited: Ha ne vs. State, 4 Howard, (Miss.) 187; Com. vs. Roly, 12 Pick., 496 ; Com. vs. McCall, 1 Va. Cases, 271; McLain vs. State, 10 Yerg., 241; 13 Mass., 218; 2 N. II., 474; Boles vs. State, 13 Sin. & M., 398; Jones vs. State, 2 JBlackf., 479; McCann vs. State, 9 Sm. & M., 495; Lord Deleware’s case, (4 Harg. St. trials, 232;) 3 Whart., 3089. I. The court properly gave the 8th instruction for the State. II.

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Appeal from Marion Circuit Court. cited: Ha ne vs. State, 4 Howard, (Miss.) 187; Com. vs. Roly, 12 Pick., 496 ; Com. vs. McCall, 1 Va. Cases, 271; McLain vs. State, 10 Yerg., 241; 13 Mass., 218; 2 N. II., 474; Boles vs. State, 13 Sin. & M., 398; Jones vs. State, 2 JBlackf., 479; McCann vs. State, 9 Sm. & M., 495; Lord Deleware’s case, (4 Harg. St. trials, 232;) 3 Whart., 3089. I. The court properly gave the 8th instruction for the State. II. The rule is now perfectly well settled both in England and in this country that the testimony of jurors is inadmissible to show their own misbehavior,…

1Opinion of the CourtWagNee, Judge

This was an indictment for murder in the first degree found in the Ralls County Circuit Court against the defendant aud six others for the killing of one Richard Menifee. The defendant was charged as principal in the first degree, and the others were charged as being present, aiding, abetting and assisting in the murder.

Upon the application of the defendants, a change of venue was gran ted-to the Circuit Court of Macon County and when the case was called for trial, a new judge having in the meantime been elected, who had previously been of counsel for defendants, a suggestion of that fact…

2Cases cited7 opinions

  1. Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
  2. State v. StarrSupreme Court of Missouri · 1866
  3. State v. HolmeSupreme Court of Missouri · 1873
  4. State v. LinneySupreme Court of Missouri · 1873
  5. State v. RobertsSupreme Court of Missouri · 1851

2 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. Hays v. HoganSupreme Court of Missouri · 1917
  2. State v. YoungSupreme Court of Missouri · 1894
  3. State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
  4. State v. MaloneSupreme Court of Missouri · 1931
  5. State v. BranstetterSupreme Court of Missouri · 1877

64 more not listed; retrieve them via the Exa API.

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