State v. Klinger
Supreme Court of Missouri
Error to St. Louis Grintinal Court. urged among others the following points: I. If the defendant was entitled to a panel of forty qualified jurors, ho could not waive that right. (Basie v. Ambrose, 28 Mo. 46; State v. Mansfield, 51 Mo. 475; 1 Chit. 401; 11 Ga. 887 ; 3 Chit. Pr. 50, 51.) II. It was the duty of the marshal to summon forty qualified and competent jurors, and furnish defendant with a list of their names forty-eight hours before trial. III.
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Error to St. Louis Grintinal Court. urged among others the following points: I. If the defendant was entitled to a panel of forty qualified jurors, ho could not waive that right. (Basie v. Ambrose, 28 Mo. 46; State v. Mansfield, 51 Mo. 475; 1 Chit. 401; 11 Ga. 887 ; 3 Chit. Pr. 50, 51.) II. It was the duty of the marshal to summon forty qualified and competent jurors, and furnish defendant with a list of their names forty-eight hours before trial. III. The following question was asked: “When the defendant has been undeniably subject to fits of epilepsy, should ho not have the benefit of every…
1Opinion of the CourtWagNER, Judge
The defendant was indicted in the St. Louis Criminal Court; for the killing of one Henry Wider. Upon trial he was found; *226guilty by the jury of murder in the first degree, and in accordance with the verdict he was sentenced to be hung.
There is no dispute about the commission of the crime, and if the defendant was sane and possessed of capacity which rendered him responsible at the time the act was perpetrated, there is nothing to extenuate it, and it wms a most brutal and atrocious murder. The whole defense was based upon the insanity of the accused.
The case was here upon a previous…
2Cases cited2 opinions
- State v. HaysSupreme Court of Missouri · 1856
- State v. KlingerSupreme Court of Missouri · 1868
3Cited by34 opinions
- Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
- Armstrong v. StateSupreme Court of Florida · 1892
- Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. BrownSupreme Court of Missouri · 1904
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