Legal Opinion

State v. Glasscock

Supreme Court of Missouri

Decided February 7, 1911PublishedCited by 8 opinions

Appeal from Ray Circuit Court. — Root. F. II. Trimble, Judge. (1) The vacation order of the judge of the circuit court, convening a grand jury for- the October term, 1909, that being the term at which the defendant was indicted, was not made and filed as the law directs; the order for the grand jury was not filed by said judge, hut by the prosecuting attorney. This was neither a literal nor a substantial compliance with the mandate of the statutes.

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Appeal from Ray Circuit Court. — Root. F. II. Trimble, Judge. (1) The vacation order of the judge of the circuit court, convening a grand jury for- the October term, 1909, that being the term at which the defendant was indicted, was not made and filed as the law directs; the order for the grand jury was not filed by said judge, hut by the prosecuting attorney. This was neither a literal nor a substantial compliance with the mandate of the statutes. R. S. 1909, sec. 7266. (2) The record does not disclose that the body which preferred the indictment against the defendant was legally impaneled…

1Opinion of the CourtKennish, P. J.

On the 3d day of November, 1909, the grand jury of Ray county returned an indictment charging George Glasscock with the crime of murder in the first degree. The indictment was in three counts, in each of which, in slightly varying language, the defendant was charged with shooting with a rifle and killing Clyde Hatfield on the 13th day of June, 1909. A demurrer, plea in abatement and *283motion to quash the indictment were each in turn filed and overruled. The State elected to prosecute for murder in the second degree. The accused was arraigned, entered his plea of not guilty and was put upon his…

2Cases cited14 opinions

  1. State v. WearSupreme Court of Missouri · 1898
  2. State v. CushenberrySupreme Court of Missouri · 1900
  3. State v. BaileySupreme Court of Missouri · 1905
  4. State v. CraneSupreme Court of Missouri · 1907
  5. State v. HeathSupreme Court of Missouri · 1909

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. ConwaySupreme Court of Missouri · 1912
  2. State v. HubbardSupreme Court of Missouri · 1943
  3. State v. WashingtonSupreme Court of Missouri · 1912
  4. State v. RosegrantSupreme Court of Missouri · 1936
  5. State v. BakerSupreme Court of Missouri · 1915

3 more not listed; retrieve them via the Exa API.

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