State v. Wheeler
Supreme Court of Missouri
Appeal from Jaelcson Criminal Court. — Hon. J. M. Sandusky, Judge. (1) The court erred in refusing to discharge the juror Lynch. His statement, made after the opening statements of counsel had been made and the jury had separated, that “If the G — d d — -—d son of ab — h promised to marry the .girl, why didn’t he do it,” in the presence of a crowd on the street,- disqualified him from acting as a juror.
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Appeal from Jaelcson Criminal Court. — Hon. J. M. Sandusky, Judge. (1) The court erred in refusing to discharge the juror Lynch. His statement, made after the opening statements of counsel had been made and the jury had separated, that “If the G — d d — -—d son of ab — h promised to marry the .girl, why didn’t he do it,” in the presence of a crowd on the street,- disqualified him from acting as a juror. The court had the power to ■discharge him, and should have done so. .Thompson on Trials, sec. 90; State v. Sternberg, 59 Mo. 410. (2) The state, in cross-examining the- witness McLanahan,…
1Opinion of the CourtGantt, P. J.
Defendant was indicted at the February term, 1884, of the criminal court of Jackson •county. The cause was tried April, 1890. After the jury was sworn, and the opening statements of counsel made, the jury were allowed to separate, and the court .adjourned until the following morning.
After the adjournment,. one Lynch, a member of. the jury, in the hearing of a number of persons, said of ■defendant, “If the G — dd-n son of a.bitch promised to marry the girl why didn’t he do it?”. On the *660meeting of the court, defendant at once filed a number of affidavits of persons who heard the statement made…
2Cases cited8 opinions
- State v. RossSupreme Court of Missouri · 1859
- State v. HaywardSupreme Court of Missouri · 1884
- State v. PattersonSupreme Court of Missouri · 1885
- State v. ReevesSupreme Court of Missouri · 1888
- State v. HillSupreme Court of Missouri · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Breece v. JettMissouri Court of Appeals · 1977
- Simmons v. StateCourt of Criminal Appeals of Texas · 1908
- State v. ReederSupreme Court of Missouri · 1965
- State v. EisenhourSupreme Court of Missouri · 1896
- State v. ReedSupreme Court of Missouri · 1900
8 more not listed; retrieve them via the Exa API.