Nicholas v. State
Supreme Court of Missouri
There are but two points in this cause. • 1. The court had no jurisdiction at a special term, unless the defendant had been charged with the offence for which he was tried and in confinement at the time of ordering the special term, see law's of Mo. 159. sec 48. , 2d. The court erred in refusing to give the following in-instruction ' for deft. ‘-That the jury must • aciquit if they have reasonable doubt of his guilty.” • ■
1Opinion of the Court
• Opinion of "the-court delivered by
McGirk, judge*
It appears from the record that, on the first day of January 1839, the plaintiff being'in the custody of the law, " Judge Scott made an order to the SherifF¿of Cooper county for holding a special term of the circuit court on the 3rd Monday-of said month,-for the trial of Nicholas: accordingly at the time and place appointed the court was holden, and the .grand jury found a bill agains t Nicholas for stealing a black horse of one John Callaway.
' At thg spfpg.time and place the grand jury also found a bill ag¡aipst Nicholas for stealing a…
2Cited by1 opinion
- State v. SchoenwaldSupreme Court of Missouri · 1860