State v. Duncan
Supreme Court of Missouri
Appeal from St. Louis Coumty Circuit Court. — Hon. W. W. Edwards, Judge. On change of venue to the circuit court of St. Louis county, the defendant, a negro, was convicted of having murdered James Brady, a policeman, in the city of St. Louis, by shooting him with a revolver. In conformity with the verdict the defendant was sentenced, judgment accordingly and he appeals to this court.
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Appeal from St. Louis Coumty Circuit Court. — Hon. W. W. Edwards, Judge. On change of venue to the circuit court of St. Louis county, the defendant, a negro, was convicted of having murdered James Brady, a policeman, in the city of St. Louis, by shooting him with a revolver. In conformity with the verdict the defendant was sentenced, judgment accordingly and he appeals to this court. The homicide occurred October 6, 1890, in a saloon at 715 North 11th street, kept by Charles Stark, a negro, and mostly frequented by that race. On the evening in question about 8.30 o’clock, a large crowd,…
1Opinion of the CourtSheewood, J.
I. If there was any error in the court permitting the Hon. Chester H. Krum to prosecute on the part of the state, such error cannot avail the defendant, because he distinctly waived any such objection and saved no exception to the substitution mentioned. Besides, under the provisions of section 643, Revised Statutes, 1889, the court had the power to appoint an attorney to represent the state in the case of the sickness or absence, as was the case here, of the regular prosecuting officer. Moreover, aside from statutory provisions, there exists an inherent power in a court, if there be no…
2Cases cited11 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. MoxleySupreme Court of Missouri · 1890
- State v. WelsorSupreme Court of Missouri · 1893
- State v. MusickSupreme Court of Missouri · 1890
- State v. HayesSupreme Court of Missouri · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. McKeeverSupreme Court of Missouri · 1936
- State v. MontgomerySupreme Court of North Carolina · 1976
- State v. RossSupreme Court of Missouri · 1992
- Lambrecht v. SchreyerSupreme Court of Minnesota · 1915
- Hall v. StateIndiana Supreme Court · 1928
33 more not listed; retrieve them via the Exa API.