State v. Hopkirk
Supreme Court of Missouri
'Appeal from Henry Circuit Court. — Hon. Jas. B. Gantt, Judge. (1) The plea in abatement should have been sustained. R. S. secs. 1732, 1736, 1738, and 1742; Stale v. Bailey, decided by supreme court of Kansas, May, 1884. (2) The court erred in overruling defendant’s application for change of venue. Heed n. State, 11 Mo. 379; Corpenny n. Sedalia, 57 Mo. 88. (3) The court erred in permitting the panel of forty to separate and go to their homes pending the challenges.
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'Appeal from Henry Circuit Court. — Hon. Jas. B. Gantt, Judge. (1) The plea in abatement should have been sustained. R. S. secs. 1732, 1736, 1738, and 1742; Stale v. Bailey, decided by supreme court of Kansas, May, 1884. (2) The court erred in overruling defendant’s application for change of venue. Heed n. State, 11 Mo. 379; Corpenny n. Sedalia, 57 Mo. 88. (3) The court erred in permitting the panel of forty to separate and go to their homes pending the challenges. (4) The court erred in admitting the confession of defendant testified to by the witnesses Cason and Bartlett. Hestex n. State, 2…
1Opinion of the CourtSherwood, J.
The defendant,- together with one *283Thomas Brownfield, was indicted for the murder of one John E. -Wells, in Henry county, on Friday, the 29th day of February, 1884. The murder was committed at night, its motive being robbery. A severance was had and each of the indicted parties was accorded a separate-trial, resulting in the conviction and sentence of each. Many points common to both cases were passed upon in Brownfield’s case, already decided, and consequently will not be further noticed.
I. In relation to admitting certain persons to form the panel of forty, from which the petit jury was…
2Cases cited15 opinions
- Levison v. StateSupreme Court of Alabama · 1875
- State v. PattersonSupreme Court of Missouri · 1881
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- State v. HopperSupreme Court of Missouri · 1880
- State v. GreenSupreme Court of Missouri · 1877
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3Cited by75 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. RoyalSupreme Court of Missouri · 1981
- State v. BrooksSupreme Court of Missouri · 1887
- State v. BarringtonSupreme Court of Missouri · 1906
- Hauk v. StateIndiana Supreme Court · 1897
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