State v. Underwood
Supreme Court of Missouri
Apjucd from Barton Circuit Court. — Hon. C. G. Burton, J udge. This was an indictment for the killing of J. D. McElwrath. The evidence showed the following state of facts: Deceased was city marshal of Greenfield, Dade county, and deputy constable of Center township in which Greenfield is situated. On the 20th day of June, 1881, deceased, with others, went into the country to arrest horse thieves.
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Apjucd from Barton Circuit Court. — Hon. C. G. Burton, J udge. This was an indictment for the killing of J. D. McElwrath. The evidence showed the following state of facts: Deceased was city marshal of Greenfield, Dade county, and deputy constable of Center township in which Greenfield is situated. On the 20th day of June, 1881, deceased, with others, went into the country to arrest horse thieves. They, succeeded in. taking Mitchell and Butler, two men charged with stealing horses. While out they obtained information that defendant Underwood was also implicated, and McElwrath returned to…
1Opinion of the CourtSherwood, C. J.
The defendant, indicted in the county of Bade for murder in the first degree, was, on change of venue to the circuit court of the county of Barton, convicted of that offense, and now appeals to this court.
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■ There was no error in denying the defendant’s motion to strike the cause from the trial docket, based upon the reason that the cause coming by change of venue from another county and the transcript being filed less than fifteen days before the first day of -the term, the cause was not triable at such term. The motion had the support of rule 12 of Barton circuit court, but that rule is in…
2Cases cited5 opinions
- State v. CarlisleSupreme Court of Missouri · 1874
- State v. MartinSupreme Court of Missouri · 1881
- State v. MillerSupreme Court of Missouri · 1878
- State v. HatfieldSupreme Court of Missouri · 1880
- State v. EstisSupreme Court of Missouri · 1879
3Cited by35 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. TaylorSupreme Court of Missouri · 1893
- Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1981
- State v. EvansSupreme Court of Missouri · 1901
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. WithrowSupreme Court of Missouri · 1896
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