State v. Poor
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. Peter II. Huclt, Judge. (1) A juror who on Ms voir dire says he has an opinion as to the g’uilt of the defendant based on reading a newspaper article containing a statement of all the evidence given on the preliminary trial of the defendant, is disqualified to sit as a juror in the case as a matter of law and as a matter of fact.
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Appeal from Madison Circuit Court. — Hon. Peter II. Huclt, Judge. (1) A juror who on Ms voir dire says he has an opinion as to the g’uilt of the defendant based on reading a newspaper article containing a statement of all the evidence given on the preliminary trial of the defendant, is disqualified to sit as a juror in the case as a matter of law and as a matter of fact. Sec. 522!0, R. S. 1909; State v. Taylor, 334 Mo. 109; State v. Culler, 82 Mo. 623. (2) An instruction must be applicable to the pleadings and the testimony developed on the trial, and must be intelligible so as not to confuse…
1Opinion of the CourtWalker, J.
Edward Poor was charged with murder in the first degree by information, in the Circuit-Court of Madison County, in February, 1920, in having killed one Cleveland King in October, 1919. Upon a trial he was convicted of murder in the second degree, and his punishment assessed at ten years’ imprisonment in the penitentiary. From this judgment he appeals.
Cleveland King, frequently designated in the record as “Cleve,” had, with his wife Nora, formerly lived in the immediate neighborhood of the defendant. Gossip as to an improper intimacy between the latter and Mrs. King hid occupied the ever-busy…
2Cases cited9 opinions
- The People v. . BennettNew York Court of Appeals · 1872
- State v. FlanaganWest Virginia Supreme Court · 1885
- Ruloff v. . the PeopleNew York Court of Appeals · 1858
- State v. MontgomerySupreme Court of Missouri · 1904
- State v. TettatonSupreme Court of Missouri · 1901
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3Cited by17 opinions
- State v. MaloneSupreme Court of Missouri · 1957
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- State v. JonesSupreme Court of Missouri · 1964
- State v. StringerSupreme Court of Missouri · 1948
- State v. BrownSupreme Court of Missouri · 1950
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