Legal Opinion

State v. Duestrow

Supreme Court of Missouri

Decided January 19, 1897PublishedCited by 43 opinions

Appeal from Franklin Cirmit Court. — Hon. Rudolph Hibzel, Judge. Motion to tbanseeb to coubt in banc oyebbuled. The testimony tended to show the following: That defendant and deceased were husband and wife and had been married some four years prior to the homicide; that their family at the time of the killing consisted of themselves, a child, Louis, two years of age, a servant girl named Katie Hahn, and a cook named Annie Mace.

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Appeal from Franklin Cirmit Court. — Hon. Rudolph Hibzel, Judge. Motion to tbanseeb to coubt in banc oyebbuled. The testimony tended to show the following: That defendant and deceased were husband and wife and had been married some four years prior to the homicide; that their family at the time of the killing consisted of themselves, a child, Louis, two years of age, a servant girl named Katie Hahn, and a cook named Annie Mace. They resided at house number 1724, South Compton avenue, in the city of St. Louis. The house was a two-story brick, consisting of some nine or ten rooms. It was…

1Opinion of the CourtSherwood, J.

Upon the facts contained in the foregoing and accompanying statement, we are to determine the validity of the various errors assigned on behalf of defendant; they are twelve in number.

1. Relative to the retention on the panel of the juror Heeger, as to which exception was saved, it appears that he had heard only fragmentary portions of the testimony adduced at three former trials, two of which were confined to the sole issue of insanity,' and the last was a mistrial on the issue of defendant’s guilt of the crime charged. Heeger having other business in town, would occasionally drop into the…

2Cases cited2 opinions

  1. State v. TaylorSupreme Court of Missouri · 1896
  2. State v. KlossSupreme Court of Missouri · 1893

3Cited by43 opinions

  1. State v. BarringtonSupreme Court of Missouri · 1906
  2. State v. BrownSupreme Court of Missouri · 1904
  3. State v. SappSupreme Court of Missouri · 1947
  4. State v. FergusonSupreme Court of Missouri · 1944
  5. State v. ChurchSupreme Court of Missouri · 1906

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