State v. McGinnis
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) The court erred in holding that John B. Rice was a qualified juror. His examination shows that he was prejudiced. The court held that, because the juror “guessed” that he could discard his prejudice and render an impartial verdict upon the law and the evidence, he was competent.
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Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) The court erred in holding that John B. Rice was a qualified juror. His examination shows that he was prejudiced. The court held that, because the juror “guessed” that he could discard his prejudice and render an impartial verdict upon the law and the evidence, he was competent. The statute declares a juror competent if he has an opinion formed from rumor and newspaper repbrt, unless it is such as to bias, and prejudice his mind. In this case Bice declared that he had formed an opinion from what he had read, and that it did bias…
1Opinion of the CourtGantt, P. J.
The defendant was indicted for murder in the first degree in the circuit court of Bates county at the Tune term, 1899. He was duly arraigned and pleaded not guilty. On his trial at the February term, 1900, he was found guilty of murder in the first degree and from the sentence on that verdict he appeals to this court.
The evidence tended to prove the following facts:
About 7:30 o’clock on Sunday evening, April 16, 1899, Frederick Borcherding, a German farmer living on his farm in the southern portion of Bates county, Missouri, went out of his house to look after his stock in the barn lot north…
2Cases cited7 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. TaylorSupreme Court of Missouri · 1893
- State v. HopperSupreme Court of Missouri · 1880
- State v. FoleySupreme Court of Missouri · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Blackwell v. StateSupreme Court of Florida · 1920
- State v. HubbardSupreme Court of Missouri · 1943
- State v. ForshaSupreme Court of Missouri · 1905
- State v. RedingIdaho Supreme Court · 1932
- Burton v. United StatesCourt of Appeals for the D.C. Circuit · 1945
14 more not listed; retrieve them via the Exa API.