State v. Neiderer
Supreme Court of Missouri
Appeal from Butler Circuit Court. — G-eoege N. BoijgtitoN, Esq., Special Judge. (1) The special judge had no power to order a grand jury to investigate the defendant. (2) The regular judge of the court would have had no authority to order ■a special grand jury- R. S., .sec. 1879. (3) The court erred in not setting aside the verdict, because of the participation of the deputy sheriff in the deliberations of the jury.
Read the full summary
Appeal from Butler Circuit Court. — G-eoege N. BoijgtitoN, Esq., Special Judge. (1) The special judge had no power to order a grand jury to investigate the defendant. (2) The regular judge of the court would have had no authority to order ■a special grand jury- R. S., .sec. 1879. (3) The court erred in not setting aside the verdict, because of the participation of the deputy sheriff in the deliberations of the jury. R. S., sec. 1910; McDaniels v. McDaniels, 40 Yt. 863 ; PerTcins v. Knight, 4 N. H. 474; Commonwealth v. Robyj 12 Pick. 496 ; Graham & Waterman on New Trials, 309 ; Hare v. State,…
1Opinion of the Court
Nobton, O. J.
Defendant was indicted in the Butler county circuit court, at its May term, 1885, for an assault with intent to kill one M. A. Johnston. The judge of said court, having been of counsel, ordered an election of a special judge to try the case, which the clerk thereupon held, and which resulted in a tie vote-*81between two of the attorneys voted for, whereupon the clerk cast his vote for George N. Boughton, one of the two attorneys, for whom the tie vote had been cast, and declared said Boughton elected special judge to try the cause. The defendant objected to said Boughton qualifying…
2Cases cited2 opinions
- State v. BerkleySupreme Court of Missouri · 1887
- State v. HarrisSupreme Court of Missouri · 1880
3Cited by10 opinions
- Madison v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. HeadrickSupreme Court of Missouri · 1899
- State v. TowndrowNew Mexico Supreme Court · 1919
- Ex parte ClaySupreme Court of Missouri · 1889
- State v. DaughertySupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.