State v. McLain
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. Henry O. Uiley, Judge. (1) Defendant, being indicted for robbery in the first degree, for which a minimum, but no maximum punishment is prescribed, was entitled by law to a list of the qualified jurors twelve hours before trial.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry O. Uiley, Judge. (1) Defendant, being indicted for robbery in the first degree, for which a minimum, but no maximum punishment is prescribed, was entitled by law to a list of the qualified jurors twelve hours before trial. Laws 1895, p. 165. (2) The record not only failed to show that such list was delivered, or tendered to defendant, but shows affirmatively that the list of jurors was not offered to him until after the State had made its challenges. (3) The law must have some purpose, and the court below had no right to ignore its plain…
1Opinion of the CourtBurgess, J.
At the August term, 1899, of the circuit court of Cape Girardeau county, the defendant was convicted of robbery in the first degree and his punishment fixed at five years’ imprisonment in the penitentiary, under an indictment charging him and one other person, to the grand jurors unknown, with feloniously assaulting one August Vornkohl, and by putting him in fear of some immediate injury to his person, and by force and violence to his person robbing him of the sum of $33.55, lawful money of the United States. After unsuccessful motion for new trial and in arrest, defendant appeals.
The facts…
2Cases cited11 opinions
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. Chyo ChiagkSupreme Court of Missouri · 1887
- State v. KlingerSupreme Court of Missouri · 1870
- State v. MillerSupreme Court of Missouri · 1890
- State v. CrowellSupreme Court of Missouri · 1899
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3Cited by7 opinions
- Williams v. KaiserSupreme Court of the United States · 1945
- State v. HarrisSupreme Court of Missouri · 1958
- State v. RiddleSupreme Court of Missouri · 1904
- State v. O'KelleySupreme Court of Missouri · 1914
- Franklin v. StateCourt of Criminal Appeals of Texas · 1908
2 more not listed; retrieve them via the Exa API.