State v. Phillips
Supreme Court of Missouri
Appeal from Madison Circuit Court. The facts are stated with sufficient fullness in the opinion of the court. I. The venire was not a legal body, being deficient in number. (R. C. 1845, p. 878-9, secs. 34 and 35 of art. 6 of act regulating the practice and proceedings in criminal cases.) By the common law each defendant on a joint trial is entitled to the full number of his challenges. (2 Hale P. C. 263-8 ; 2 Hawk. P. 0. ch. 41, § 9; Oo.
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Appeal from Madison Circuit Court. The facts are stated with sufficient fullness in the opinion of the court. I. The venire was not a legal body, being deficient in number. (R. C. 1845, p. 878-9, secs. 34 and 35 of art. 6 of act regulating the practice and proceedings in criminal cases.) By the common law each defendant on a joint trial is entitled to the full number of his challenges. (2 Hale P. C. 263-8 ; 2 Hawk. P. 0. ch. 41, § 9; Oo. Litt. 156; United States v. Marchant, 12 Wheat. 580; Concldin’s treatise, 654; 1 Chitt. C. L. 636 ; 6 Ohio, 87.) Our statute gives this right. H. The…
1Opinion of the CourtSoott, Judge
The first point made in this case is, that the venire was not a legal body, being deficient in number. The indictment was for murder, and was preferred on the 15th day of January, 1856. The defendants elected to be tried separately ; and, under the supposition that such would be the case, a venire for thirty-six jurors was issued and returned. Afterwards the defendants elected to be tried jointly, and the panel previously returned in the cause was offered to be used, when the defendants objected, claiming that they were entitled to a panel of fifty-six jurors. This claim was disallowed by the…
2Cases cited1 opinion
- Bower v. StateSupreme Court of Missouri · 1838
3Cited by41 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- State v. RossSupreme Court of Missouri · 1859
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- Laun v. Union Electric Co. of MissouriSupreme Court of Missouri · 1942
- State v. MillainNevada Supreme Court · 1867
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