Legal Opinion

State v. Punshon

Supreme Court of Missouri

Decided March 3, 1896PublishedCited by 16 opinions

Appeal from Buchanan Criminal Court. —Benjamin J. Casteel, Esq., Special Judge. (1) The court was not legally organized as the judge of the criminal court did not endeavor, and hence did not fail, to secure the judge of some other circuit. Stalling v. Thomas, 18 S. W. Eep. 184; Taylor v. Mason, 9 Wheat. 344. (2) The court erred in excusing the jurors Imbrie and Gray. They were both competent. . (3) The state in this case contends that the defendant killed the deceased.

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Appeal from Buchanan Criminal Court. —Benjamin J. Casteel, Esq., Special Judge. (1) The court was not legally organized as the judge of the criminal court did not endeavor, and hence did not fail, to secure the judge of some other circuit. Stalling v. Thomas, 18 S. W. Eep. 184; Taylor v. Mason, 9 Wheat. 344. (2) The court erred in excusing the jurors Imbrie and Gray. They were both competent. . (3) The state in this case contends that the defendant killed the deceased. The theory of the defendant is that the deceased committed suicide. One of these contentions is true. The evidence in the…

1Opinion of the CourtBurgess, J.

This is the second appeal by the defendant in this case. On the first trial he was convicted of manslaughter of the first degree and on his appeal the judgment of the court below was reversed and the cause remanded for new trial. The case is reported in 124 Mo. 448, to which reference may be had for full statement of the material facts connected with the homicide. Such additional facts as may be necessary to a full understanding of the case will be stated in course of the opinion.

On the last trial defendant was convicted of murder in the first degree.

I. At the March term, 1895, of the…

2Cases cited15 opinions

  1. State v. HopkirkSupreme Court of Missouri · 1884
  2. Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
  3. State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
  4. State v. MusickSupreme Court of Missouri · 1890
  5. Tucker v. WelshMassachusetts Supreme Judicial Court · 1821

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3Cited by16 opinions

  1. Littell v. Bi-State Transit Development AgencyMissouri Court of Appeals · 1967
  2. State v. DillSupreme Court of Missouri · 1955
  3. State v. GoddardSupreme Court of Missouri · 1901
  4. State v. BillingsSupreme Court of Missouri · 1897
  5. State v. HufferMissouri Court of Appeals · 1968

11 more not listed; retrieve them via the Exa API.

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