State v. Gonce
Supreme Court of Missouri
■Appeal from Greene Circuit Court. — Hon. M. G. .. MoGeegkxk, Judge. .....- (1) The lower court should have granted a new trial because one of the jurors had prejudged the case.
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■Appeal from Greene Circuit Court. — Hon. M. G. .. MoGeegkxk, Judge. .....- (1) The lower court should have granted a new trial because one of the jurors had prejudged the case. State v. Burnside, 37 Mo. 343 ; State v. Wyatt, 50 Mo. 309 ; State ■». Taylor, 64 Mo. 358; Sellers v. People, 3 Scam. 412; Presberry v. Com., 3 Dana, 203 ; Busie v. State, 19 Ohio St. 198; U. S. v. Fries, 3 Dal. 515. • (2) The accused must be present during the entire trial, and on account of his absence in this case the judgment should be reversed. State v. Jones, 61 Mo. 233 ; Slate v. Able, 65 Mo. 37; State v.…
1Opinion of the CourtNorton, J.
Defendant was indicted at the August term, 1884, of the Christian county circuit court for murder in the first degree, for killing one Charles Kyser.
On defendant’s application a change of venue was awarded to the Greene county circuit court, and at the May term, 1885, of said court, the cause was tried and defendant convicted of murder in the second degree, and his punishment assessed at thirty years imprisonment in -the penitentiary, from which he has appealed to this court. One of the grounds stated in the motion for new trial is, that J. D. Bryant, one of the jurors, had prejudged the…
2Cases cited7 opinions
- White v. MaxcySupreme Court of Missouri · 1877
- State v. GrateSupreme Court of Missouri · 1878
- Morgan v. RossSupreme Court of Missouri · 1881
- State v. BellSupreme Court of Missouri · 1879
- State v. SteinSupreme Court of Missouri · 1883
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3Cited by29 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. TaylorSupreme Court of Missouri · 1896
- Brown v. StateCourt of Criminal Appeals of Oklahoma · 1994
- State v. DusenberrySupreme Court of Missouri · 1892
- Lowman v. StateSupreme Court of Florida · 1920
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