State v. Davis
Supreme Court of Missouri
Appeal from Jackson Criminal Court — Hon. Henry P. White, Judge. 1. Defendant could not waive the legal number of jurors in the manner shown by the record. Berry v. State, 10 Ga. 524; Terry v. Buffington, 11 Ga. 337; King v. Woolf, 1 Chitty 401; State v. Mansfield, 41 Mo. 470; State v. Klinger, 46 Mo. 224; Brownlee v. Hewitt, 1 Mo.
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Appeal from Jackson Criminal Court — Hon. Henry P. White, Judge. 1. Defendant could not waive the legal number of jurors in the manner shown by the record. Berry v. State, 10 Ga. 524; Terry v. Buffington, 11 Ga. 337; King v. Woolf, 1 Chitty 401; State v. Mansfield, 41 Mo. 470; State v. Klinger, 46 Mo. 224; Brownlee v. Hewitt, 1 Mo. Appeal Rep. 360. 1. The defendant- consented to a panel of 24 men, and 9 challenges, and thereby waived his privilege of striking off the statutory number. Being for his benefit, he could waive the privilege, and cannot take advantage of his waiver after the…
1Opinion of the Court
Sherwood C. J.
— Defendant was indicted for robbery in the first degree, convicted, and his punishment assessed at the lowest statutory limit.
I. When the defendant was arraigned, there were but 24 of the regular panel of jurors in the box; seeing this, the court ordered the marshal to summon six additional ones, whereupon the prosecuting attorney asked the attorneys of defendant to waive the bringing in and swearing of the six additional ones, which defendant’s attor*686neys consented to do. Thereupon the prosecuting attorney struck off three men, and the defendant’s attorneys nine men, and the…
2Cases cited4 opinions
- Terry v. BuffingtonSupreme Court of Georgia · 1852
- State v. HolmeSupreme Court of Missouri · 1873
- State v. HaysSupreme Court of Missouri · 1856
- State v. MansfieldSupreme Court of Missouri · 1867
3Cited by9 opinions
- State v. FoleySupreme Court of Missouri · 1898
- State v. BlanSupreme Court of Missouri · 1879
- State v. BryantSupreme Court of Missouri · 1887
- State v. CullerSupreme Court of Missouri · 1884
- Arnold v. StateNebraska Supreme Court · 1894
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