State v. Murphy
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. V. L. Drain, Judge. (1) The right to trial by jury is a fundamental right and this means trial by jury selected under the forms prescribed by law. The defendant had a right to expect and the court, as a matter law, was required in selecting the jury, to exhaust first the regular panel and the substitutes therefor and to require that the special venire should be taken from the body of the county.
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Appeal from Macon Circuit Court. — Hon. V. L. Drain, Judge. (1) The right to trial by jury is a fundamental right and this means trial by jury selected under the forms prescribed by law. The defendant had a right to expect and the court, as a matter law, was required in selecting the jury, to exhaust first the regular panel and the substitutes therefor and to require that the special venire should be taken from the body of the county. The statute does not contemplate that a defendant charged with murder should be tried by a jury selected at the mere ,whim or convenience of the sheriff. (2)…
1Opinion of the CourtDavid E. Blair, J.
Defendant was convicted of murder in the second degree, was sentenced on the verdict and has appealed. ' The information charged murder in the first degree, alleging that the defendant shot and killed one William L. Knox at the county of Macon on October 27, 1919.
The testimony on the part of the State tends to show the following facts:
The deceased and defendant’s father lived on farms in the same neighborhood near Kaseyville, in ¡Macon County, Missouri. The defendant usually engaged in mining, and when that business was slack occasionally farmed. In the early summer of 1919 he had put in a…
2Cases cited7 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Woolfolk v. StateSupreme Court of Georgia · 1889
- State v. RascoSupreme Court of Missouri · 1912
- Vanderford v. StateSupreme Court of Georgia · 1906
- State v. WilsonSupreme Court of Missouri · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. VincentSupreme Court of Missouri · 1959
- State v. DropeSupreme Court of Missouri · 1971
- State v. FalboSupreme Court of Missouri · 1960
- State v. BaberSupreme Court of Missouri · 1956
- State v. HamiltonSupreme Court of Missouri · 1937
11 more not listed; retrieve them via the Exa API.