State v. Warner
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) (a) The defendant should have been allowed to appear in person in court before the grand'jury was impaneled, charged and sworn, because he is specially given that right by statute. R. S. 1899, sec. 2487. (b) “In criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel.”
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) (a) The defendant should have been allowed to appear in person in court before the grand'jury was impaneled, charged and sworn, because he is specially given that right by statute. R. S. 1899, sec. 2487. (b) “In criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel.” Art. 2, sec. 22, Constitution of Missouri; State v. Hoffman, 78 Mo. 256; State v. Smith, 90 Mo. 37. (2) Where a negro defendant files a motion, verified by affidavit, to quash the grand jury panel on the ground…
1Opinion of the CourtGantt, J.
At the May term of the circuit court of Montgomery county, the defendant was jointly indicted with his brother, John Warner, for a felonious assault, with malice aforethought. He was duly arraigned, pleaded not guilty, a severance was granted and he was tried and convicted and sentenced to the penitentiary for a term of nine years. The indictment is as follows:
“State of Missouri
“vs.
“Fred Warner and John Warner.
“Charge: Assault with intent to kill.
“The grand jurors for the State of Missouri, within and for the body of the county of Montgomery, now here in court, duly impaneled, sworn and…
2Cases cited12 opinions
- Virginia v. RivesSupreme Court of the United States · 1880
- Neal v. DelawareSupreme Court of the United States · 1881
- Gibson v. MississippiSupreme Court of the United States · 1896
- Carter v. TexasSupreme Court of the United States · 1900
- Smith v. MississippiSupreme Court of the United States · 1896
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3Cited by10 opinions
- State v. ShawleySupreme Court of Missouri · 1933
- State v. KingSupreme Court of Missouri · 1938
- State v. RichettiSupreme Court of Missouri · 1938
- State v. NealSupreme Court of Missouri · 1943
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
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