Legal Opinion

State v. Ostrander

Supreme Court of Missouri

Decided March 15, 1860PublishedCited by 5 opinions

Appeal from St. Louis Criminal Court. The defendant, Levi Ostrander, was indicted for the murder of William McCoy. The defendant was put upon his trial upon the indictment, and the trial resulted as set forth below in the opinion of the court. The defendant was after-wards put upon his trial a second time and convicted of murder in the first degree. I. The court was under a perfect legal obligation to record the verdict rendered by the jury of murder in the second degree.

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Appeal from St. Louis Criminal Court. The defendant, Levi Ostrander, was indicted for the murder of William McCoy. The defendant was put upon his trial upon the indictment, and the trial resulted as set forth below in the opinion of the court. The defendant was after-wards put upon his trial a second time and convicted of murder in the first degree. I. The court was under a perfect legal obligation to record the verdict rendered by the jury of murder in the second degree. (3 Murph. 571; 1 Hayw. 176.) The court illegally influenced the jury to defeat their verdict. The entire proceeding of the…

1Opinion of the CourtNapton, Judge

The only point arising on this record, which presents any difficulty, is based upon the action of the criminal court upon the verdict, or supposed verdict, of the jury at the first trial. The history of this proceeding will appear from the detailed statement certified by the judge in the bill of exceptions, the material parts of which are here inserted.

“ And the jury retired to their room to consider of and concerning their verdict in the premises, and on the following day, the jury in the meanwhile being kept together, came into court, accompanied by the deputy marshal of the county who had…

2Cases cited3 opinions

  1. State v. PhillipsSupreme Court of Missouri · 1857
  2. State v. BallSupreme Court of Missouri · 1858
  3. State v. ShoultzSupreme Court of Missouri · 1857

3Cited by5 opinions

  1. State v. VaughanSupreme Court of Missouri · 1906
  2. State v. KuenzliWisconsin Supreme Court · 1932
  3. Thomas v. PullisSupreme Court of Missouri · 1874
  4. State ex rel. Nicholson v. RombauerSupreme Court of Missouri · 1869
  5. State v. WardNew Mexico Supreme Court · 1924

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