State v. Mathews
Supreme Court of Missouri
Appeal from Christian Circuit Court. — Trial before Hon. M. Gf. McGregor, Judge of Fifteenth' Judicial Circuit. (1) The court erred in overruling the application of the defendant for a change of venue as against the' sheriff and coroner of Christian county. R. S., secs. 1038, 3594; Acts, 1883, p. 57 ; State v. Smith, 90 Mo. 37. (2) The court erred in overruling the objections to the jurors.
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Appeal from Christian Circuit Court. — Trial before Hon. M. Gf. McGregor, Judge of Fifteenth' Judicial Circuit. (1) The court erred in overruling the application of the defendant for a change of venue as against the' sheriff and coroner of Christian county. R. S., secs. 1038, 3594; Acts, 1883, p. 57 ; State v. Smith, 90 Mo. 37. (2) The court erred in overruling the objections to the jurors. An affidavit under section 3894, Revised Statutes, by a defendant that the sheriff is prejudiced against him, is not conclusive upon a trial court, and the discretion exercised by it will not be disturbed…
1Opinion of the CourtNorton, C. J.
— At a special term of the Christian county circuit court, held in April, 1887, defendant was jointly indicted with a number of others for murder in the first degree for killing one Charles Greene on the eleventh day of March, 1887. A continuance of the cause was granted to the August term, 1887, of said court, at which term the cause was again continued till the February term, 1888, of said court, at which time defendant filed an application for a change of venue, alleging prejudice against the judge of the court. The application was granted and it appearing that no member of the bar could…
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