State v. Howland
Supreme Court of Missouri
Appeal from Grrncly Circuit Court. — Hon. P. 0. Stepp, Judge. That the jury separated, in violation of the statute law of this state, after the ease was submitted to them, and they had retired to consider their verdict, is not denied. That they were not subject to ‘ ‘improper influences” does not appear. Under such circumstances it has ever been held, in this state, that defendant was entitled to a new trial.
Read the full summary
Appeal from Grrncly Circuit Court. — Hon. P. 0. Stepp, Judge. That the jury separated, in violation of the statute law of this state, after the ease was submitted to them, and they had retired to consider their verdict, is not denied. That they were not subject to ‘ ‘improper influences” does not appear. Under such circumstances it has ever been held, in this state, that defendant was entitled to a new trial. State v. Sansone, 116 Mo. 1. The rule is that where a jury having the consideration of a cause other than where the punishment is death, the presumption is indulged that where they…
1Opinion of the CourtSherwood, J.
Indictment for grand larceny of the sum of $50, the property of one Wooley. The trial resulted in a conviction, the punishment being assessed at two years in the penitentiary, hence this appeal. Of the errors assigned, it is necessary to notice but this one: It appears from an affidavit filed in support of the motion for a new trial, that while the jury were on their way to their room, two of the jury, Saunders and Perkins, separated from the other jurors who were in the care of the deputy sheriff:, and went to a water closet some two hundred feet distant and out of the view of the other…
2Cases cited2 opinions
- State v. OrrickSupreme Court of Missouri · 1891
- State v. SteifelSupreme Court of Missouri · 1891
3Cited by7 opinions
- State v. MurraySupreme Court of Missouri · 1969
- State v. DodsonSupreme Court of Missouri · 1936
- State v. PageSupreme Court of Missouri · 1908
- State v. HayesSupreme Court of Missouri · 1929
- State v. AsburySupreme Court of Missouri · 1931
2 more not listed; retrieve them via the Exa API.