State v. Huting
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. The facts are sufficiently stated in the opinion of the court. in their brief, insisted that the Circuit Court should have instructed the jury to acquit if they had a reasonable doubt as to the sanity of the defendant, in his brief, argued the single point that the Circuit Court did not err in overruling the motion to discharge the defendant on account of the delay in bringing him to trial; and that the onus was oü the defendant of…
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Appeal from Montgomery Circuit Court. The facts are sufficiently stated in the opinion of the court. in their brief, insisted that the Circuit Court should have instructed the jury to acquit if they had a reasonable doubt as to the sanity of the defendant, in his brief, argued the single point that the Circuit Court did not err in overruling the motion to discharge the defendant on account of the delay in bringing him to trial; and that the onus was oü the defendant of showing that the delay was not for one of the causes preventing a discharge.
1Opinion of the CourtRyland, Judge
At the September term of the Circuit Court, within and for the county of Montgomery, in the year A. D. 1851, John Hu-ting, the defendant, was indicted for the murder of Caroline Scholton. The prisoner was brought into court from the custody of the jailor. The court assigned counsel to assist the prisoner in his defence, and also appointed an interpreter, who was duly sworn as such in the cause. The prisoner was then arraigned, and plead not guilty, and the trial was continued until April term following.
The illness of the judge prevented the meeting of the court at the regular term'in April,…
2Cases cited1 opinion
- Freeman v. PeopleNew York Supreme Court · 1847
3Cited by39 opinions
- State v. LewisNevada Supreme Court · 1889
- State v. WearSupreme Court of Missouri · 1898
- State v. HarperSupreme Court of Missouri · 1971
- Ex Parte Clyde MeadowsCourt of Criminal Appeals of Oklahoma · 1941
- State v. HundleySupreme Court of Missouri · 1870
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