State v. Branstetter
Supreme Court of Missouri
Appeal from Audrain Circuit Court.—ITon. Gilchrist Porter, Judge. 1. It is misconduct on the part of a jury, in arriving at a verdict in a case of felony, to agree among themselves-that each juror shall secretly ballot a number, representing the number of years that he thinks the accused should be confined in the penitentiary, and that the twelve numbers thus secretly balloted shall be added together, and the sum thereof shall be divided by twelve, and that the whole numbers…
Read the full summary
Appeal from Audrain Circuit Court.—ITon. Gilchrist Porter, Judge. 1. It is misconduct on the part of a jury, in arriving at a verdict in a case of felony, to agree among themselves-that each juror shall secretly ballot a number, representing the number of years that he thinks the accused should be confined in the penitentiary, and that the twelve numbers thus secretly balloted shall be added together, and the sum thereof shall be divided by twelve, and that the whole numbers in the quotient thus obtained shall be the punishment of the accused at all events and absolutely; and in pursuance of…
1Opinion of the CourtHenry, J.
At the January term, 1877, of the Audrain Circuit Court, the defendant was indicted for .murder in the first degree, charged with killing Jefferson D. Lowry. At an adjourned term of said court, held in February, 1877, the defendant was tried, convicted of murder in the second degree, and his punishment assessed by the jury at imprisonment in the penitentiary for a term of eighty-three years, but the court commuted it to sixty years and sentenced him for that term. From this judgment of the Circuit Court he has appealed to this court. The grounds upon which it is urged that the judgment should…
2Cases cited8 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. StarrSupreme Court of Missouri · 1866
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Reed v. ConwaySupreme Court of Missouri · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- Thalheim v. StateSupreme Court of Florida · 1896
- State v. TaylorSupreme Court of Missouri · 1893
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- State v. StogsdillSupreme Court of Missouri · 1929
43 more not listed; retrieve them via the Exa API.