State v. Miller
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hon. Gallatin Craig, Judge. (1) The court erred in excluding Gray *as one of the 40 jurors on the ground that he said he could not convict on circumstantial evidence alone. There is no law permitting such ground for excusing a juror.
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Appeal from Holt Circuit Court. — Hon. Gallatin Craig, Judge. (1) The court erred in excluding Gray *as one of the 40 jurors on the ground that he said he could not convict on circumstantial evidence alone. There is no law permitting such ground for excusing a juror. It would have been fair to the defendant, and no injury to the State, to have left Gray as one of the forty to* be challenged by the State, if it seemed proper to them so to do, but his being excused without sufficient reason, was calculated to work injury to the substantial right of the defendant. Sec. 2614, E. S. 1899; State v.…
1Opinion of the CourtGantt, P. J.
The defendant was convicted at the November term, 1899, of the circuit court of Holt county,of *80murder in the first degree of Samuel Crow, and sentenced to be hanged. Erom that sentence he appeals.
The evidence which is circumstantial disclosed the following facts:
On the morning of March 26, 1899, Samuel Crow, an old man, was found dead in his bed at his home about five miles from the town of Oregon,, in Holt county, Missouri. It was perfectly apparent that he had been beaten to death during the night, with a club or other blunt instrument. The defendant and his wife had been living in the same…
2Cases cited7 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. YoungSupreme Court of Missouri · 1894
- State v. WestSupreme Court of Missouri · 1879
- State v. FurgersonSupreme Court of Missouri · 1899
- State v. LeaboSupreme Court of Missouri · 1886
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