State v. Collins
Supreme Court of Missouri
Appeal from Pike Circuit Court.—IIon. Elijah Robinson, Judge. (1) Tlie court erred in overruling defendant’s motion for a new trial, based upon the ground that no list of the names of forty persons, out of which the jury was to be selected, had been served upon defendant. R. S. 1879, §§ 1903,1904. While a list of forty names was served upon defendant, it contained the names of but thirty-nine persons. There was no such man as R. L. Dinsmore on the list.
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Appeal from Pike Circuit Court.—IIon. Elijah Robinson, Judge. (1) Tlie court erred in overruling defendant’s motion for a new trial, based upon the ground that no list of the names of forty persons, out of which the jury was to be selected, had been served upon defendant. R. S. 1879, §§ 1903,1904. While a list of forty names was served upon defendant, it contained the names of but thirty-nine persons. There was no such man as R. L. Dinsmore on the list. The clerk substituted the name Dinslow on the list used for making challenges for Dinsmore contained on the list served. Such practice should…
1Opinion of the CourtIIenry, J.
At the September adjourned term of the Pike circuit court, 1883, the defendant was indicted for the murder of Owen Htterback, and a trial of the cause at the March term, 1884, of said court, resulted in his conviction of murder in the first degree, and from the judgment on said verdict he has prosecuted his appeal. The points relied upon for a reversal of the judgment are ixumerous, but we do xxot deem it necessaiy to xxotice any of them except the following: 1st, That the court erred, iix not instructing the jury as to the law of murder in the second degree. 2nd, That the jury were allowed…
2Cited by6 opinions
- State v. OrrickSupreme Court of Missouri · 1891
- State v. JeffriesSupreme Court of Missouri · 1908
- State v. MurraySupreme Court of Missouri · 1886
- State v. RiderSupreme Court of Missouri · 1888
- State v. DavisSupreme Court of Missouri · 1971
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