Legal Opinion

State v. Howell

Supreme Court of Missouri

Decided June 27, 1893PublishedCited by 22 opinions

Appeal from Grundy Circuit Court. — Hon. O. H. S. Goodman, Judge. The indictment charges the defendant with the murder of Nettie Hall in Linn county on the nineteenth of January, 1889, and this cause comes to this court for the second time. See 100 Mo. 628, where a reversal of the judgment occurred because of error in some of the instructions.

Read the full summary

Appeal from Grundy Circuit Court. — Hon. O. H. S. Goodman, Judge. The indictment charges the defendant with the murder of Nettie Hall in Linn county on the nineteenth of January, 1889, and this cause comes to this court for the second time. See 100 Mo. 628, where a reversal of the judgment occurred because of error in some of the instructions. On the return of this cause, the defendant at the June term, 1890, took a change of venue on account of the prejudice of the inhabitants of the counties of Linn and Chariton. Thereupon the cause was transferred to Grundy county in the same circuit, and…

1Opinion of the CourtSherwood, J.

— I. In discussing the various errors assigned for a reversal of the judgment in this cause, attention will first be turned to the application for a continuance heretofore set forth.

There is in this state a statute in which is formulated the statutory grounds for a continuance in criminal cases as follows:

“ Section 4181. Amotion to continue a cause on the part of the defendant on account of the absence of evidence must be supported by the oath or affidavit of the defendant or some reputable person in his *339behalf, showing the materiality of the evidence expected to he obtained, and that due…

Also in this document: Concurrence.

2Cases cited18 opinions

  1. State v. OrrickSupreme Court of Missouri · 1891
  2. State v. WelsorSupreme Court of Missouri · 1893
  3. State v. AverySupreme Court of Missouri · 1893
  4. State v. JacksonSupreme Court of Missouri · 1888
  5. State v. SansoneSupreme Court of Missouri · 1893

13 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State v. McGeeSupreme Court of Missouri · 1935
  2. State v. McKeeverSupreme Court of Missouri · 1936
  3. State v. FairlambSupreme Court of Missouri · 1894
  4. State v. HowardSupreme Court of Missouri · 1893
  5. State v. DonnellySupreme Court of Missouri · 1895

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API