Legal Opinion

Baldwin v. State

Supreme Court of Missouri

Decided October 15, 1848PublishedCited by 37 opinions

APPEAL FROM ST. LOUIS CRIMINAL COURT. 1st. The 13th section of article 6th, title practice and proceedings in criminal cases revised statutes of Missouri, page 880 declares “that it shall be good cause of challenge to a juror that he has formed or delivered an opinion on the issue or on any material fact to be tried.’’ Can the true construction of this st atute be that such persons as aie described in the statute, aro competent jurors unless challenged by the defendant ?…

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APPEAL FROM ST. LOUIS CRIMINAL COURT. 1st. The 13th section of article 6th, title practice and proceedings in criminal cases revised statutes of Missouri, page 880 declares “that it shall be good cause of challenge to a juror that he has formed or delivered an opinion on the issue or on any material fact to be tried.’’ Can the true construction of this st atute be that such persons as aie described in the statute, aro competent jurors unless challenged by the defendant ? Most certainly not. 2d. The court erred in allowing witnesses to testify to matter which the witnesses stated was said to…

1Opinion of the Court

McBride, judge,

delivered the opinion of the court.

At the March term, 1848, of the criminal court of St. Louis county, the grand jury found an indictment against Elisha Baldwin, for murder in the first degree, perpetrated upon the person of his brother-in-law, Victor Mathews, late of the State of Arkansas.

The defendant being in custody, was put upon his trial at the July term of said court, when, conceding the killing of the deceased, the defendant relied upon the plea of insanity, at the time of committing the act charged against him.

The jury found the defendant guilty : whereupon he moved…

2Cases cited1 opinion

  1. McMillan v. SmithSupreme Court of North Carolina · 1815

3Cited by37 opinions

  1. State v. PikeSupreme Court of New Hampshire · 1870
  2. Beaubien v. CicotteMichigan Supreme Court · 1864
  3. State v. TaylorSupreme Court of Missouri · 1896
  4. Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1908
  5. State v. LewisNevada Supreme Court · 1889

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