State v. Leabo
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. James B. Gantt, Judge. (1) The defendant was entitled to a special venire. He made timely application for it, accompanied with his affidavit.
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Appeal from Bates Circuit Court. — Hon. James B. Gantt, Judge. (1) The defendant was entitled to a special venire. He made timely application for it, accompanied with his affidavit. R. S., secs. 2802, 8894; Samuels v. State, 3 Mo. .68; State v. Jones, 61 Mo. 232; Fulweiler v. St. Louis, 6h Mo. 479. (2) In determining the competency of jurors the court erred in permitting them to be examined on their tioir dire, against the objection of defendant, as to whether they would convict of murder in the first degree upon circumstantial evidence alone. The court is asked to overrule State v. West, 69…
1Opinion of the CourtHenry, C. J.
This is the second time this cause has been in this court on defendant’s appeal. He was tried and convicted of murder of the first degree at the June-term, 1884, of the Bates circuit court, and on appeal to this court the judgment was reversed and the cause remanded, at the October term, 1884. State v. Leabo, 84 Mo. 168.
The facts are detailed in the opinion delivered then,, and it is not necessary to repeat them here. The evidence at the last trial was not materially different from that adduced on the former trial. The November term, 1885, of the Bates circuit court commenced on the second…
2Cases cited2 opinions
- State v. WestSupreme Court of Missouri · 1879
- State v. LeaboSupreme Court of Missouri · 1884
3Cited by17 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. YoungSupreme Court of Missouri · 1894
- State v. PagelsSupreme Court of Missouri · 1887
- State v. FaulknerSupreme Court of Missouri · 1903
- State v. MillerSupreme Court of Missouri · 1900
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