State v. Turlington
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The plea in abatement to the indictment should have been sustained. The findings of the grand jury must be their own, uninfluenced by the promptings or suggestions of others. Lewis r>. The Comers, 74 N. C. 194; United States v. Kilpatriek, 16 Fed. Rep. 765; Ex Earte Ass'n, 8 Phil. 478. (2) The court erred in refusing to grant defendant a change of venue.
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Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The plea in abatement to the indictment should have been sustained. The findings of the grand jury must be their own, uninfluenced by the promptings or suggestions of others. Lewis r>. The Comers, 74 N. C. 194; United States v. Kilpatriek, 16 Fed. Rep. 765; Ex Earte Ass'n, 8 Phil. 478. (2) The court erred in refusing to grant defendant a change of venue. Learns v. State, 84 Ala. 410 ; State v. Billings, 77 la. 417; State v. Loe, 98 Mo. 609. Under the circumstances of this case the court should have granted the change without…
1Opinion of the CourtMace Arlame, J.
— Defendant was convicted of murder in the first degree by the circuit court of Cooper ■county, for the killing of Thomas C. Cranmer. From the judgment he has appealed to this court.
The indictment upon which the conviction was had is as follows :
“ The grand jurors for the state of Missouri, impaneled, sworn and charged to inquire within and for the body of the county of Cooper and state aforesaid, upon their oath, present and charge that John O. Turlington, alias William E. West, and Wes. Hensley, on the fourteenth day of June, 1890, at the county of Cooper and state of Missouri, in and upon…
2Cases cited22 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- State v. HopperSupreme Court of Missouri · 1880
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- State v. EllisSupreme Court of Missouri · 1881
- State v. PalmerSupreme Court of Missouri · 1886
17 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- People v. RepkeMichigan Supreme Court · 1895
- State v. FrazierSupreme Court of Missouri · 1936
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- State v. TalmageSupreme Court of Missouri · 1891
39 more not listed; retrieve them via the Exa API.