State v. Taylor
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Hon. J. C. Normile, Judge. (1) The court erred in permitting Presley N. Jones to make the opening statement to the jury and conduct the prosecution, the circuit attorney and his assistant not being interested and not having been of counsel for defendant or the prosecuting witness, and neither being absent or sick.
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Appeal from St. Louis Criminal Court. — Hon. J. C. Normile, Judge. (1) The court erred in permitting Presley N. Jones to make the opening statement to the jury and conduct the prosecution, the circuit attorney and his assistant not being interested and not having been of counsel for defendant or the prosecuting witness, and neither being absent or sick. R. S. 1879, secs. 513, 518, 519, 522 and 1908; County v. Clay, 4 Mo. 562; State v. Honig, 78 Mo. 249. It was also error to refuse to require Mr. Jones to be sworn to conduct the prosecution fairly and impartially. Sec. 6, art. 14, Con. 1875.…
1Opinion of the CourtBrace, J.
— The defendant was tried, convicted and sentenced to the penitentiary for three years, in the criminal court of St. Louis -on an indictment for assault with intent to kill.
Presley N. Jones, an enrolled member of the bar of that court, was permitted, over the objection of the defendant, to make the opening statement, and to assist in the prosecution of the case, the prosecuting attorney and his assistant both being present and able to conduct the same, and the action of the court in this behalf is assigned for error.
I. This point must be ruled against the defendant on the authority of State…
2Cases cited14 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. PalmerSupreme Court of Missouri · 1886
- State v. HamiltonSupreme Court of Missouri · 1874
- State v. HonigSupreme Court of Missouri · 1883
- State v. KelsoeSupreme Court of Missouri · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Glover v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Bartos v. United States District CourtCourt of Appeals for the Eighth Circuit · 1927
- State v. WelsorSupreme Court of Missouri · 1893
- State v. DonnellySupreme Court of Missouri · 1895
22 more not listed; retrieve them via the Exa API.