Berry v. Trunk
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Wm. D. Busk, Judge. The court erred in overruling defendant’s challenge to the array of jurors. State v. Austin, 183 Mo. 478; Sess.
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Appeal from Buchanan Circuit Court. — Hon. Wm. D. Busk, Judge. The court erred in overruling defendant’s challenge to the array of jurors. State v. Austin, 183 Mo. 478; Sess. Acts 1911, p. 308; Johnson v. State, 102 Ala. 1, 16 So. 99; Brazier v. State, 44 Ala. 387; Wilkins v. State, 112 Ala. 55; People v. Davis, 73 Calif. 355; Borrelli v. People, 164 111. 549; Jones v. State, 3 Blackf. 37; Mitchell v. Likens, 3 Id. 258. It has always been held in this State, and generally throughout the States of the country, that the statutory method of drawing, summoning and empaneling jurors is directory,…
1Opinion of the CourtEllison, P. J.
Plaintiff, seated in his wagon drawn hy two horses, was driving along a public road, when defendant approached from the rear in an automobile at high speed and much noise. Plaintiff’s horses became frightened and ran away, throwing him out and inflicting severe injury. He brought this action for damages and recovered judgment in the trial court for six thousand dollars.
At the opening of the trial, in proper time, defendant filed a motion to discharge the jury panel which the court overruled and due exception was taken. The ground of the motion is that the panel had not been drawn and summoned…
2Cases cited6 opinions
- Fornia v. Wayne Circuit JudgeMichigan Supreme Court · 1905
- Hewitt v. GageMichigan Supreme Court · 1888
- People v. LabadieMichigan Supreme Court · 1887
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1900
- State v. AustinSupreme Court of Missouri · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- William R. Bush Construction Co. v. WithnellMissouri Court of Appeals · 1915