Legal Opinion

State v. Sykes

Supreme Court of Missouri

Decided November 21, 1905PublishedCited by 36 opinions

Appeal from Lewis Circuit Court . — Hon. E. B. McKee■, Judge. (1) A challenged jurror cannot pass on his willingness to he fair and-impartial and thus qualify himself. State v. Foley, 140 Mo. 612. And a juror is disqualified who would require the defendant to prove his innocence. Such additional burden, which the law does not impose, cannot be imposed to satisfy the whim of a juror.

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Appeal from Lewis Circuit Court . — Hon. E. B. McKee■, Judge. (1) A challenged jurror cannot pass on his willingness to he fair and-impartial and thus qualify himself. State v. Foley, 140 Mo. 612. And a juror is disqualified who would require the defendant to prove his innocence. Such additional burden, which the law does not impose, cannot be imposed to satisfy the whim of a juror. State v. Bauerle, 145 Mo. 16; State v. Bryant, 93 Mo. 279. (2) It was not proper to admit the evidence of the alleged admission of Sykes as against Byers; and then to show the independent acts of Byers as to his…

1Opinion of the CourtBurgess, P. J.

On the 21st day of June,. 1904, the defendant was convicted of rape upon the person of one Alice J. Wood, and his punishment fixed at twelve years’ imprisonment in the State penitentiary, under an information theretofore filed by the prosecuting attorney of Lewis county with the clerk of the circuit court of said county, charging that defendant, in said county, on the 28th day of June, 1903, in and upon one Alice J. Wood, unlawfully, violently and feloniously did make an assault, and her, the said Alice J. Wood, then and there unlawfully, forcibly and against her will, feloniously did ravish…

2Cases cited8 opinions

  1. State v. OrrickSupreme Court of Missouri · 1891
  2. Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
  3. State v. CunninghamSupreme Court of Missouri · 1889
  4. State v. KennedySupreme Court of Missouri · 1903
  5. State v. WilliamsonSupreme Court of Missouri · 1891

3 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. State v. LeeSupreme Court of Missouri · 1966
  2. State v. RascoSupreme Court of Missouri · 1912
  3. State v. WardSupreme Court of Missouri · 1970
  4. State v. ParrSupreme Court of Missouri · 1922
  5. State v. ShumateSupreme Court of Missouri · 1972

31 more not listed; retrieve them via the Exa API.

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