Legal Opinion

State v. Hultz

Supreme Court of Missouri

Decided April 15, 1891PublishedCited by 18 opinions

Appeal from Boone Circuit Court. — Hon. Gr. H. Burckhartt, Judge. At the October term of the Boone circuit court, 1888, the grand jury returned an indictment against Marshall J. Hultz, for murder in the first degree for the killing of Allen Vawter in said county'on the seventh of May, 1888. At this same term, defendant hied and made his application for a change of venue from Boone county on account of the prejudice of the inhabitants of said county against him.

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Appeal from Boone Circuit Court. — Hon. Gr. H. Burckhartt, Judge. At the October term of the Boone circuit court, 1888, the grand jury returned an indictment against Marshall J. Hultz, for murder in the first degree for the killing of Allen Vawter in said county'on the seventh of May, 1888. At this same term, defendant hied and made his application for a change of venue from Boone county on account of the prejudice of the inhabitants of said county against him. This application was overruled by the court. At the April term, 1889, when the cause was reached, and after both state and defendant…

1Opinion of the CourtGantt, P. J.

The defendant was, indicted for murder in the first degree at the October term, 1888, of the Boone county circuit court. He was tried at the April term, 1889, and convicted of murder in the second degree, and his sentence fixed at ten years in the penitentiary. The errors assigned are, principally, that the court erred in setting aside the sheriff and coroner of the county and appointing two citizens of the county elisors to summon the jury and perform all the other acts, incumbent upon the sheriff in the trial of the cause ; in permitting J. T. Rowland to serve on the jury of forty, and on…

2Cases cited3 opinions

  1. State v. MusickSupreme Court of Missouri · 1890
  2. State v. WaltonSupreme Court of Missouri · 1881
  3. State v. LeaboSupreme Court of Missouri · 1886

3Cited by18 opinions

  1. State v. TaylorSupreme Court of Missouri · 1896
  2. State v. RobinsonSupreme Court of Missouri · 1893
  3. State v. FoleySupreme Court of Missouri · 1898
  4. State v. JacksonSupreme Court of Iowa · 1973
  5. State v. HunterSupreme Court of Missouri · 1904

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