State v. Connell
Supreme Court of Missouri
Error to Cole Circuit Court. I. The grand jury was not lawfully summoned. It met at an adjourned term, but without any order from the cour-t directed to the sheriff and entered on the'minutes of the court. (Wagn. Stat. 1083, § 13 ; State v. Barnes, 20 Mo. 413.) Without such steps the indictment is a nullity. This fact appears on the face of the record, and may be taken advantage of at any time.
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Error to Cole Circuit Court. I. The grand jury was not lawfully summoned. It met at an adjourned term, but without any order from the cour-t directed to the sheriff and entered on the'minutes of the court. (Wagn. Stat. 1083, § 13 ; State v. Barnes, 20 Mo. 413.) Without such steps the indictment is a nullity. This fact appears on the face of the record, and may be taken advantage of at any time. (Chasq v. State, 1 Spen., N. Y., 218 ; Porter v. State, 23 Miss. 77-8 ; Stokes v. State, 24 Miss. 621; State v. Brown, 5 Eng., Ark., 78 ; Doyle v. State, 17 Ohio, 222 ; McGuire v. People, 1 Park. Crim.…
1Opinion of the CourtWauner, Judge
The record shows that the plaintiff in error is a convict in the State penitentiary; that he committed a willful murder in Boone county, for which he was tried, condemned, and sentenced to be hung ; and that upon certain representations his punishment was commuted by the governor to imprisonment for life in the State penitentiary. After he was imprisoned in the penitentiary he killed Lafayette Burns, a fellow-convict, for which killing he was indicted in the Cole County Circuit Court, and upon his trial was found guilty of murder in the first degree, and he has brought his case to this court…
2Cases cited6 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Baldwin v. StateSupreme Court of Missouri · 1848
- State v. BleekleySupreme Court of Missouri · 1853
- Ex parte MeyersSupreme Court of Missouri · 1869
- Ex parte BrundingSupreme Court of Missouri · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. KeefeWyoming Supreme Court · 1908
- Frankel v. WoodroughCourt of Appeals for the Eighth Circuit · 1925
- State v. KingSupreme Court of Missouri · 1938
- Ex parte LamarCourt of Appeals for the Second Circuit · 1921
- State v. BuckSupreme Court of Missouri · 1894
22 more not listed; retrieve them via the Exa API.