State v. Jones
Supreme Court of Missouri
Error to Callaway Circuit Court. I. The court erred in ordering the sheriff to summon a jury from the bystanders, not of the regular panel. (Sess. Acts, 1874, p. 96; State vs. Holmes, 54 Mo., 153.) The present case differs from State vs. Pitts, (58 Mo., 556) in this: In that case tlie regular panel of jurors bad been exhausted. In this ease the court, by verbal order, directed the sheriff to summon a jury not of the regular panel.
Read the full summary
Error to Callaway Circuit Court. I. The court erred in ordering the sheriff to summon a jury from the bystanders, not of the regular panel. (Sess. Acts, 1874, p. 96; State vs. Holmes, 54 Mo., 153.) The present case differs from State vs. Pitts, (58 Mo., 556) in this: In that case tlie regular panel of jurors bad been exhausted. In this ease the court, by verbal order, directed the sheriff to summon a jury not of the regular panel. There ivas no venire to the sheriff to summon tlie jury that tried the prisoner. (3 Mo., 68.) II. It was error to permit the witness, Nancy jones, to state the…
1Opinion of the CourtSherwood, Judge
■ The defendant is charged with the crime of rape, alleged to have'been perpetrated on the person of a young girl who had not attained her fourteenth year.
*235I.
From aught that appears in the record to the contrary, we must presume that the regular panel was exhausted or engaged in other causes, and so it was perfectly competent to summon a jury from the by-standers. (State vs. Pitts, 58 Mo., 556.) Nor was it necessary that a venire facias should issue to the sheriff for this purpose. (Samuels vs. State, 3 Mo., 68.) Besides, it does not appear that any objections were made or exceptions saved to…
2Cases cited9 opinions
- State v. PittsSupreme Court of Missouri · 1875
- State v. SchoenwaldSupreme Court of Missouri · 1860
- State v. CrossSupreme Court of Missouri · 1858
- State v. MatthewsSupreme Court of Missouri · 1854
- State v. BurgdorfSupreme Court of Missouri · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State v. BranstetterSupreme Court of Missouri · 1877
- State v. ConwaySupreme Court of Missouri · 1912
- State v. YoungSupreme Court of Missouri · 1889
- State v. HunterWashington Supreme Court · 1898
- State v. PatrickSupreme Court of Missouri · 1891
30 more not listed; retrieve them via the Exa API.