State v. Stuckey
Missouri Court of Appeals
Appeal from Platte Circuit Court. — Ho». A. D. Burnes, Judge. (1) The court should have sustained, defendant’s objections to the panel of jurors, as they were not summoned in the manner provided by law, and the defendant was entitled to be tried by the regular panel. R. S. 1899, sec. 3769. (2) The court erred in refusing instruction No. 1,- asked by the defendant.
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Appeal from Platte Circuit Court. — Ho». A. D. Burnes, Judge. (1) The court should have sustained, defendant’s objections to the panel of jurors, as they were not summoned in the manner provided by law, and the defendant was entitled to be tried by the regular panel. R. S. 1899, sec. 3769. (2) The court erred in refusing instruction No. 1,- asked by the defendant. The “necessity” contemplated by section 2240, Revised Statutes 1899, is not an absolute necessity, but a relative necessity, and the defendant had the right to have the jury so informed by the court. Burnett v. Tel. Co., 39 Mo.'…
1Opinion of the CourtEllison, J.
The defendant was indicted and convicted of working on Sunday. Among other instructions there was a demurrer to the evidence for the State. It was refused. There is no dispute of the substantial facts, and the only question is, whether the work 'was one of necessity, and thus brought within the exception of the statute. Defendant in the year 1901 was the owner of a threshing machine and operated it with a steam engine now commonly used for such purpose. He had engaged to thresh some wheat in his neighborhood, and to begin on Monday, July 1. He had taken *666the engine to Leavenworth, Kansas…
2Cases cited8 opinions
- State v. PittsSupreme Court of Missouri · 1875
- State v. AmbsSupreme Court of Missouri · 1854
- State v. GrannemanSupreme Court of Missouri · 1896
- State v. KnightSupreme Court of Missouri · 1875
- Smith v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gillooley v. VaughanSupreme Court of Florida · 1926
- State v. SchattMissouri Court of Appeals · 1908
- State v. CoffeeMissouri Court of Appeals · 1931
- Grimes v. StateCourt of Criminal Appeals of Texas · 1918