State v. Brannon
Supreme Court of Missouri
Error to First District Court In capital cases a jury can never be permitted to separate. (1 Bishop on Crim. Procedure, §§ 821, 822, 824; 11 How* ard’s State Trials, 562, 563, 564; 19 Howard’s State Trials. 671, note 11; McClean v. State, 8 Mo. 153 ; Maher v. State, 3 Mo. 444 ; Kernan v. State, 8 Wis. 132; Madden v. The State. 1 Kansas, 840 ; Quinn v. The State, 14 Inch 589 ; Jumpertz v. The People, 21 Ill. 375 ; Puffer v. C. W., 15 Penn., 3 Harris, 468 ; Hare v. The State,…
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Error to First District Court In capital cases a jury can never be permitted to separate. (1 Bishop on Crim. Procedure, §§ 821, 822, 824; 11 How* ard’s State Trials, 562, 563, 564; 19 Howard’s State Trials. 671, note 11; McClean v. State, 8 Mo. 153 ; Maher v. State, 3 Mo. 444 ; Kernan v. State, 8 Wis. 132; Madden v. The State. 1 Kansas, 840 ; Quinn v. The State, 14 Inch 589 ; Jumpertz v. The People, 21 Ill. 375 ; Puffer v. C. W., 15 Penn., 3 Harris, 468 ; Hare v. The State, 4 Howard, Miss., 187 ; Commonwealth v. Wonnley, 8 Gratt., Ya., 712; Bowles v. The State, 13 S. & M., Miss., 398 ; Hines…
1Opinion of the CourtWagner, Judge
The defendant was tried at the October term, 1868, of the Johnson County Circuit Court, on an indictment for murder, and convicted of murder in the second degree and sentenced to the penitentiary.
The only point made in'favor of a reversal is that the jury, after they were impaneled and sworn, were permitted to separate. This separation was by consent of parties before any evidence was introduced, and for one night only. To say nothing about the consent given to the separation by the defendant himself, it is the well-settled doctrine in this State that the separation of a jury in a criminal…
2Cases cited5 opinions
- State v. MixSupreme Court of Missouri · 1851
- State v. HarlowSupreme Court of Missouri · 1855
- Whitney v. StateSupreme Court of Missouri · 1843
- State v. BartonSupreme Court of Missouri · 1853
- State v. IgoSupreme Court of Missouri · 1855
3Cited by7 opinions
- Paramore v. LindseySupreme Court of Missouri · 1876
- State v. CarlisleSupreme Court of Missouri · 1874
- State v. MunceyWest Virginia Supreme Court · 1926
- State v. MatrasseySupreme Court of Missouri · 1871
- Moore v. . EdmistonSupreme Court of North Carolina · 1874
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