State v. Van Matre
Supreme Court of Missouri
Error to Johnson Court of Common Pleas. I. Defendant was entitled to twelve jurors. (2 Black, 719 ; 2 How. 771; 6 Blackf. 461; 8 Blackf. 561; 2 Ohio, 296.) And the act under which this conviction was obtained, in so far as it provided for a jury of six only, and authorized a conviction upon their finding, is unconstitutional.
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Error to Johnson Court of Common Pleas. I. Defendant was entitled to twelve jurors. (2 Black, 719 ; 2 How. 771; 6 Blackf. 461; 8 Blackf. 561; 2 Ohio, 296.) And the act under which this conviction was obtained, in so far as it provided for a jury of six only, and authorized a conviction upon their finding, is unconstitutional. (1 A. K. Marsh. 290; 2 Penn. 943 ; 5 How., Miss., 681; 3 English, Arle., 436.) II. • There can be no waiver of this right of twelve jurors unless the same is entered of record. If such consent do not appear of record, the party may avail himself of the objection by a…
1Opinion of the CourtAdams, Judge
This was a prosecution for assault and battery, commenced before a justice of the peace and taken tó the Common Pleas *270by appeal, where the defendant was tried by a jury of six men and found guilty, and a fine of $50 assessed against him. Final judgment was given on the verdict, and the defendant filed a motion in arrest, alleging as cause for arresting the judgment, that he had been tried by a jury of six men without his consent. This motion was overruled by the court. There was no bill of exceptions.
In criminal cases this court will look into the record, and, if error appears, will reverse…
2Cases cited5 opinions
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- McGee v. StateSupreme Court of Missouri · 1844
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Foster v. KirbySupreme Court of Missouri · 1862
- Henning v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
3Cited by10 opinions
- Flesher v. HaleWest Virginia Supreme Court · 1883
- State v. CottrillWest Virginia Supreme Court · 1888
- State ex rel. Harvey v. NewtonNorth Dakota Supreme Court · 1907
- State v. LevySupreme Court of Missouri · 1894
- State v. HardySupreme Court of Missouri · 1936
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