State v. Mansfield
Supreme Court of Missouri
Appeal from, Sixth District Court. I. A defendant indicted for felony cannot be tried even with his own consent by a jury of less than twelve men.
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Appeal from, Sixth District Court. I. A defendant indicted for felony cannot be tried even with his own consent by a jury of less than twelve men. The reasons for this rule are well expressed in Concini v. State, 18 N. Y. 128 ; see also Neales v. State, 10 Mo. 498 ; State v. Moody, 24 Mo. 566. If the defendant can consent to be tried by eleven jurors, lie can consent to be tried by any less number, or by the court alone without a jury; but any such proceeding would surely be void as con trary to the provisions of §§ 1 & 2, ch. 213, R. C. 1865, which, by limiting the right of the defendant to…
1Opinion of the CourtWagner, Judge
Whilst the law is firmly established in this State that it is not the province of this court in civil cases to weigh the evidence or disturb the. discretion of the lower courts in maintaining. or setting aside verdicts, it is equally well settled that in criminal cases we-have never abandoned our right to interfere where the record shows that manifest injustice has been committed, or the verdict is not supported by the evi*474deuce? We will not say here that the verdict is wholly unsustained by the evidence, but the testimony is certainly very weak on which to base a conviction. There are…
2Cases cited8 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Terry v. BuffingtonSupreme Court of Georgia · 1852
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- State v. CowanSupreme Court of Missouri · 1860
- State v. EbertSupreme Court of Missouri · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State v. GregorySupreme Court of Missouri · 1936
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- State v. McGeeSupreme Court of Missouri · 1969
- Harris v. PeopleIllinois Supreme Court · 1889
- Connelly v. StateSupreme Court of Alabama · 1877
28 more not listed; retrieve them via the Exa API.