State v. Taylor
Missouri Court of Appeals
Appeal from Jackson Criminal Court. — No». Samuel Davis, Special Judge. (1) The right to he present in all criminal prosecutions includes the right to be present when the grand jury is impaneled, and can not be confined to the hour and place of actual peril when the accused shall stand before the petit jury. State v. Warner, 65 S. W. 584; State v. Kyle, 166 Mo: 287; Thom, and M. on Juries, sec. 497; 1 Chitty’s Grim.
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Appeal from Jackson Criminal Court. — No». Samuel Davis, Special Judge. (1) The right to he present in all criminal prosecutions includes the right to be present when the grand jury is impaneled, and can not be confined to the hour and place of actual peril when the accused shall stand before the petit jury. State v. Warner, 65 S. W. 584; State v. Kyle, 166 Mo: 287; Thom, and M. on Juries, sec. 497; 1 Chitty’s Grim. Law, 314. We admit the law is, in order to preserve this constitutional and statutory right (sec. 2487, R. S. 1899), “defendant must make his wish known to the trial judge.”…
1Opinion of the CourtBurgess, J.
On May 7, 1901, defendant was indicted in the criminal court of Jackson county, and charged with murder in the first degree for having theretofore, to-wit, on March 2, 1901, at said county, feloniously, willfully, deliberately, premeditatedly, on purpose and of his malice aforethought, shot and killed, with a rifle gun, one Ruth Nollard. He was afterwards put upon trial in said court under said indictment and convicted of murder in the first degree, and his punishment fixed at death.
After unavailing motions for new trial, and in arrest, defendant appeals.
The killing was not denied. The…
2Cases cited8 opinions
- State v. KyleSupreme Court of Missouri · 1901
- State v. EllisSupreme Court of Missouri · 1881
- State v. DonnellySupreme Court of Missouri · 1895
- People v. RomeroCalifornia Supreme Court · 1861
- State v. HolcombSupreme Court of Missouri · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. BarbataSupreme Court of Missouri · 1935
- State v. LononSupreme Court of Missouri · 1932
- State v. McCarverSupreme Court of Missouri · 1906
- State v. BerrySupreme Court of Missouri · 1957
- State v. BobbstSupreme Court of Missouri · 1916
7 more not listed; retrieve them via the Exa API.