State v. Hayes
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals, The transcript shows that at the close of the evidence defendant asked an instruction, which was refused by the court, and that the defendant at the time duly excepted, but the instruction does not appear in the record, the clerk certifying that it is either lost or mislaid. The appellant is entitled to a review of the case upon a correct record. The trial court erred in denying defendant’s proper challenges of jurors for cause.
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Appeal from St. Louis Court of Appeals, The transcript shows that at the close of the evidence defendant asked an instruction, which was refused by the court, and that the defendant at the time duly excepted, but the instruction does not appear in the record, the clerk certifying that it is either lost or mislaid. The appellant is entitled to a review of the case upon a correct record. The trial court erred in denying defendant’s proper challenges of jurors for cause. He was entitled to a full panel of qualified jurors before he could be compelled to make his peremptory challenges. State v.…
1Opinion of the CourtSherwood, J.
The defendant was indicted for murder in the first degree and, on trial had, was convicted of that ofienee, and there was abundant testimony to support the conviction. He now appeals to this court.
The instructions given covered every phase of the ease arising on the facts adduced in the evidence, and left nothing to be desired. This deprives the case of resemblance to Reid’s case, 67 Mo. 36; for even had the instruction, asked by defendant and refused by the court, been preserved in the bill of exceptions, its refusal would not have authorized a reversal, other instructions fully covering the…
2Cases cited4 opinions
- State v. GreenwadeSupreme Court of Missouri · 1880
- State ex rel. Harris v. LaughlinSupreme Court of Missouri · 1881
- State v. ReedSupreme Court of Missouri · 1877
- Ex parte AllenSupreme Court of Missouri · 1878
3Cited by39 opinions
- State v. BakerSupreme Court of Missouri · 1975
- City of Tarkio v. CookSupreme Court of Missouri · 1894
- State v. WelsorSupreme Court of Missouri · 1893
- State v. MusickSupreme Court of Missouri · 1890
- State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
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