State v. Stewart
Supreme Court of Missouri
Appeal from Livingston- Circuit Court. — Hon. Arch B. Davis, Judge. (1) The sheriff subpoenaed six jurymen, and thereafter, the elisor without any authority, returns forty men, out of which return six men were chosen who, added to the six already summoned by the regular sheriff, made up the twelve men before whom the defendant was tried. He should have been fairly tried.
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Appeal from Livingston- Circuit Court. — Hon. Arch B. Davis, Judge. (1) The sheriff subpoenaed six jurymen, and thereafter, the elisor without any authority, returns forty men, out of which return six men were chosen who, added to the six already summoned by the regular sheriff, made up the twelve men before whom the defendant was tried. He should have been fairly tried. He did not have twelve jurymen served and summoned by the sheriff but had a jury composed of twelve men, six of whom were legally served by the sheriff and six of whom were served by the elisor. (2) The affidavit of the…
1Opinion of the CourtWalker, P. J.
The appellant was charged by information in the circuit court of Livingston County with murder in the first degree, in having, on July 6, 1916, shot .and killed one Karl Schlobohm. A trial resulted in a conviction of murder in the second degree, the punishment being • fixed at ten years in the Penitentiary. From this judgment-appellant seeks a review in this court.
The deceased was killed in the appellant’s office, in the city of Chillicothe, by shots from a revolver fired by appellant. The latter was an insurance agent. He spent the greater part of July 6, 1916, the day of the homicide, at…
2Cases cited7 opinions
- People v. . WebsterNew York Court of Appeals · 1893
- Combs v. StateIndiana Supreme Court · 1881
- People v. HurtadoCalifornia Supreme Court · 1883
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- State v. GruginSupreme Court of Missouri · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. TiedtSupreme Court of Missouri · 1950
- State v. FloryWyoming Supreme Court · 1929
- State v. StatlerSupreme Court of Missouri · 1964
- Mannon v. FrickSupreme Court of Missouri · 1956
- State v. LioliosSupreme Court of Missouri · 1920
7 more not listed; retrieve them via the Exa API.