Legal Opinion

State v. Gilmore

Supreme Court of Missouri

Decided April 15, 1888PublishedCited by 50 opinions

Appeal from St. Louis Criminal Court. — lion. J. O'. Noemile, Judge. (1) The trial court committed no error in directing the sheriff to fill the panel by calling other jurors of the regular venire in the place of the absentees. It appears from the bill of exceptions that the two jurors thus ■ called were in every way qualified to sit in the cause— defendant did not challenge them, either peremptorily or for cause.

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Appeal from St. Louis Criminal Court. — lion. J. O'. Noemile, Judge. (1) The trial court committed no error in directing the sheriff to fill the panel by calling other jurors of the regular venire in the place of the absentees. It appears from the bill of exceptions that the two jurors thus ■ called were in every way qualified to sit in the cause— defendant did not challenge them, either peremptorily or for cause. (2) No objection was raised to either of the new jurors; defendant expressly waived his right to the forty-eight hours, and. the panel was filled before he was required to make his…

1Opinion of the CourtSherwood, J.

For shooting and killing Miles Stanton, in the city of St. Louis, with a pistol, on the twelfth of January, 1886, the defendant was indicted for murder in the first degree, at the following March term of the St. Louis criminal court.' After several continuances of the cause, defendant was put upon trial at the May term, 1886. A panel of forty-seven qualified jurors was obtained from the regular venire, and appellant was allowed the statutory forty-eight hours in which to make his challenges. At the close of that period the state and defendant had prepared their challenges, but they were not…

2Cases cited12 opinions

  1. State v. PartlowSupreme Court of Missouri · 1886
  2. State v. HaysSupreme Court of Missouri · 1856
  3. State v. BerkleySupreme Court of Missouri · 1887
  4. State v. KlingerSupreme Court of Missouri · 1870
  5. State v. JohnsonSupreme Court of Missouri · 1882

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

3Cited by50 opinions

  1. Gladden v. StateCourt of Appeals of Maryland · 1974
  2. Boykin v. PeopleSupreme Court of Colorado · 1896
  3. State v. HerrellSupreme Court of Missouri · 1888
  4. State v. RogersNew Mexico Supreme Court · 1926
  5. State v. SansoneSupreme Court of Missouri · 1893

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

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