State v. Baker
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. The case is fully stated in the opinion of Judge Ryland. The action of the court below was in direct violation of the statute, which expressly provides that no member of a grand jury shall be obliged or allowed to testify or declare in what manner he or any other member of the grand jury voted on any question before them.
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Appeal from St. Clair Circuit Court. The case is fully stated in the opinion of Judge Ryland. The action of the court below was in direct violation of the statute, which expressly provides that no member of a grand jury shall be obliged or allowed to testify or declare in what manner he or any other member of the grand jury voted on any question before them. It is in vain to say, as was said in Low’s case, (4 Greenl. 440,) that the fact whether twelve or more concurred in the bill is not a secret. IE one or more grand jurors can be called to contradict the certificate of the foreman, the…
1Opinion of the CourtRyland, Judge
At the September term, eighteen hundred and fifty-two, of the Circuit Court for Hickory county, John Mullins and Andrew Baker were indicted for the murder of John P. Dorriss.
Mullins was not taken. Baker appeared to the indictment, and had the trial continued on his motion until the next term. At the next term, being March term, 1853, Baker applied for and obtained a change of venue — the court directing the case to be sent for trial to the St. Clair Circuit Court, in St. Clair.county. At the May term, 1853, of the St. Clair Circuit Court, the case was again continued on defendant’s motion,…
2Cited by11 opinions
- State v. HamlinSupreme Court of Connecticut · 1879
- Gitchell v. PeopleIllinois Supreme Court · 1893
- State ex rel. Clagett v. JamesSupreme Court of Missouri · 1959
- Ex parte SontagCalifornia Supreme Court · 1884
- State v. HamiltonNevada Supreme Court · 1878
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