State v. Connors
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Sow. Geo. H. Shields, Judge. (1) Eleven men do not constitute a lawful grand jury, and one composed of only that number present cannot investigate criminal matters. Mo. Constitution, art. 2, sec. 28; State v. Vaugbn, 132 Mo.
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Appeal from St. Louis City Circuit Court. — Sow. Geo. H. Shields, Judge. (1) Eleven men do not constitute a lawful grand jury, and one composed of only that number present cannot investigate criminal matters. Mo. Constitution, art. 2, sec. 28; State v. Vaugbn, 132 Mo. App. 141; Ex parte Ogle, 61 S. W. (Tex.) 122; Ogle v. State, 63- S. W. (Tex.). 1009; Doyle v. State, 17 Ohio 222; State v. Wilson, 85 Mo. 138; R. S. 1909, sec. 7271. There is no evidence to show that a grand jury, in conformity with the statute, had ever been legally summoned. The evidence shows that there was an order properly…
1Opinion of the CourtFerriss, J.
On J-anuary 17, 1909; officer Hutton, of the St. Louis police force, was shot and wounded while attempting to quell a. disturbance in the West End Club, in that city. The defendant, who- was present, was cálled before the grand jury as a witness to the shooting. This indictment is founded upon his testimony before that body, where he denied seeing the shot fired, and denied recollection of the events, testifying that he was drunk on that occasion. He was tried and convicted of perjury, March 3, 191.0; in the St. Louis Circuit Court. He appeals to this court to reverse the judgment, and urges…
2Cases cited3 opinions
- State v. LightfootSupreme Court of Iowa · 1899
- People v. SimmonsCalifornia Supreme Court · 1897
- State v. MillerSupreme Court of Alabama · 1842
3Cited by3 opinions
- State v. WhiteSupreme Court of Missouri · 1981
- People v. BlairNew York Court of General Session of the Peace · 1942
- Rich v. VarianIdaho Supreme Court · 1922