State v. Holme
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. I. The jury should have been selected by the clerk of the court from the first twelve names remaining on the list unchallenged. (W. S., 800, § 25; State vs. ILays, 23 Mo., 287.) II. The court erred in defining “ deliberately and premeditatedly ” in the first instruction given. (Comm. vs. Drum, 58 .Penn. St., 9; 9 Whar. Homicide, [Ed .1855] 36S-372;Bouv.Law Die. “ Deliberation and Premeditation;” 2 Whar.Ana. Grim.
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Appeal from St. Louis Criminal Court. I. The jury should have been selected by the clerk of the court from the first twelve names remaining on the list unchallenged. (W. S., 800, § 25; State vs. ILays, 23 Mo., 287.) II. The court erred in defining “ deliberately and premeditatedly ” in the first instruction given. (Comm. vs. Drum, 58 .Penn. St., 9; 9 Whar. Homicide, [Ed .1855] 36S-372;Bouv.Law Die. “ Deliberation and Premeditation;” 2 Whar.Ana. Grim. Law, 133 ; Dale vs. State, 10 Yerg., [Tenn.] 551; Anthony vs. State, 1 Meigs, [Tenn.] 265.) III. Express malice or malice in fact is requisite…
1Opinion of the CourtWagner, Judge
The counsel for the appellant in this case have urged and insisted that the "court below committed many errors in its rulings; but after a careful scrutiny of the record, we find the objections are nearly all so technical and unsubstantial in character, that they require no consideration at our hands. Such as seem to have any merit we will proceed to notice.
It appears, that after the requisite number of jurors had been called and examined, and the prosecution and defense had both exercised their right of challenge, there still remained fifteen qualified jurors competent to try the cause. The…
2Cases cited7 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- State v. StarrSupreme Court of Missouri · 1866
- State v. HaysSupreme Court of Missouri · 1856
- State v. HundleySupreme Court of Missouri · 1870
- State v. DunnSupreme Court of Missouri · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- State v. EllisSupreme Court of Missouri · 1881
- State v. MaloneSupreme Court of Missouri · 1931
- State v. DavisSupreme Court of Missouri · 1966
50 more not listed; retrieve them via the Exa API.