State v. Picker
Missouri Court of Appeals
Appeal from the St. Lotiis Court of Criminal Correction. Hon. David Murphy, Judge. (1) The trial judge erred in refusing to appoint a special judge, the application therefor being regular in form. (2) That court also erred in directing the jury to find the defendant guilty in the face of his plea to the contrary, and of the presumption of innocence which attends and protects him.
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Appeal from the St. Lotiis Court of Criminal Correction. Hon. David Murphy, Judge. (1) The trial judge erred in refusing to appoint a special judge, the application therefor being regular in form. (2) That court also erred in directing the jury to find the defendant guilty in the face of his plea to the contrary, and of the presumption of innocence which attends and protects him. R. S., sec. 4208; Kelley’s Criminal Practice, 300, 397; 1 Bishop on Criminal Procedure, chapters 67, 73 and 75; State v. Patrick, 107 Mo. 147; State v. Nelson, 118 Mo. 124 and 153. In every criminal case the…
1Opinion of the CourtBiggs, J.
The defendant was prosecuted and convicted under an information filed against him in the St. Louis court of criminal correction. He is a dram-shop keeper, and the information charged that he kept his saloon open on Sunday, and that he then and there gave away or sold intoxicating liquors contrary to the provisions of section 4590 of the Revised Statutes of 1889. Before the case was called for trial he filed an application for the election of a special judge, alleging as a reason therefor that he could not have a fair trial before the judge of the court. The application was verified by the…
2Cases cited2 opinions
- State v. MatheisMissouri Court of Appeals · 1892
- State v. BaldwinMissouri Court of Appeals · 1894
3Cited by2 opinions
- State v. KochMontana Supreme Court · 1906
- Fouts v. StateOhio Supreme Court · 1925