Legal Opinion

State v. Cross

Supreme Court of Missouri

Decided October 15, 1858PublishedCited by 33 opinions

Appeal from Franklin Circuit Court. cited State y. Buckner, 25 Mo. 167 ; 1 Mo. 700 ; 3 Mo. 28 ; 6 Mo. 444 ; 8 Mo. 500 ; 9 Mo. 19 ; 12 Mo. 492 ; B. 0. 1855, p. 1191; 1 Archb. C. P. 173 ; 1 Chitty, C. L. 636 ; State v. Prance, Overton, 424; 1 Wend. 91; 1 Ills. 109 ; 5 Terg. 340 ; 11 Humph.’ 154; 4 id. 136 ; Pyrtle v. The State, 9 Humph. 663 ; Whart. on Horn. 369; 15 How. Prac. 557.

1Opinion of the CourtNapton, Judge

The judgment in this case must be reversed because the record does not show that the defendant was present in court when the verdict was rendered. The entire record of the *333proceedings of the court, in relation to this trial, on the day when the verdict was rendered, is as follows, to-wit: “ And afterwards, to-wit, on the 6th day of said month, in the year aforesaid, and at the adjourned term aforesaid, the further following appears of record, to-wit: “ State v. Nelson Cross. And the jurors aforesaid this day return into court and upon their oaths do say, we, the jury, find the defendant…

2Cases cited1 opinion

  1. State v. BucknerSupreme Court of Missouri · 1857

3Cited by33 opinions

  1. Montana v. EgelhoffSupreme Court of the United States · 1996
  2. State v. ErwinSupreme Court of Missouri · 1993
  3. State v. HopeSupreme Court of Missouri · 1889
  4. State v. HundleySupreme Court of Missouri · 1870
  5. State v. RichardsonSupreme Court of Missouri · 1973

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