Legal Opinion

State v. Nelson

Supreme Court of Missouri

Decided May 10, 1904PublishedCited by 8 opinions

Appeal from Jackson Criminal Court. — How.. Samuel Davis, Special Judge. . When the court ordered the jury to “get together and make a verdict,” commenting on their “pride of opinion” with sarcasm, calling their attention to outside interests, they were no longer possessed of .free judgment as to the disputed facts in the case; wherefore, we are forced to the conclusion that error was committed, and the judgment ought to be reversed.

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Appeal from Jackson Criminal Court. — How.. Samuel Davis, Special Judge. . When the court ordered the jury to “get together and make a verdict,” commenting on their “pride of opinion” with sarcasm, calling their attention to outside interests, they were no longer possessed of .free judgment as to the disputed facts in the case; wherefore, we are forced to the conclusion that error was committed, and the judgment ought to be reversed. State v. Hill, 91 Mo. 423; McPeak v. Railroad, 128 Mo. 645; State v. Alexander, 66 Mo. 164; Edens v. Railroad, 72 Mo. 212; Goodsell v. Seeley, 46 Mich. 623;…

1Opinion of the CourtFox, J.

The indictment in this case was found by a grand jury of Jackson county, Missouri, and was filed in said criminal court on the fifth day of January, 1900.

At the January term, 1903, of said court, defendant was tried and convicted of murder in the second degree, upon such indictment, and punishment assessed at ten years in the State penitentiary.

Motions for new trial and in arrest of judgment were duly filed, and being overruled by the court, defendant prosecutes his appeal to this court, and the record is now before us for review.

*342This prosecution and eonvietion is predicated upon an…

2Cases cited8 opinions

  1. Eggleston v. WagnerMichigan Supreme Court · 1881
  2. Randolph v. LampkinCourt of Appeals of Kentucky · 1890
  3. McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
  4. State v. EdwardsSupreme Court of Missouri · 1879
  5. State v. PunshonSupreme Court of Missouri · 1894

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

3Cited by8 opinions

  1. State v. ForshaSupreme Court of Missouri · 1905
  2. State v. TeeterSupreme Court of Missouri · 1912
  3. State v. McCarverSupreme Court of Missouri · 1906
  4. State v. BaileySupreme Court of Missouri · 1905
  5. State v. StegallSupreme Court of Missouri · 1959

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

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