State v. Sharp
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Ralph 8. Latshaw, Jndge. (1) The evidence on the part of the State, as well as that introduced by the appellant, so abundantly establishes the fact that appellant could not have a fair and impartial trial in Jackson county, that it amounted to gross abuse of judicial discretion to deny the application for a change of venue.
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Appeal from Jackson Criminal Court. — Hon. Ralph 8. Latshaw, Jndge. (1) The evidence on the part of the State, as well as that introduced by the appellant, so abundantly establishes the fact that appellant could not have a fair and impartial trial in Jackson county, that it amounted to gross abuse of judicial discretion to deny the application for a change of venue. (2) The court should not have permitted the witnesses not indorsed on the information to testify for the State, for the reason the evidence showed that the prosecuting attorney knew of these witnesses when he filed the…
1Opinion of the CourtKennish, P. J.
At the January term, 1909, of the criminal court of Jackson county, the prosecuting attorney filed an information charging the appellant, James Sharp, and his wife, Melissa Sharp, with the crime of murder in the first degree, for the shooting and killing of Michael P. Mullane, with a pistol, on the 8th day of December, 1908. Upon the application of the defendants a severance was granted, and the defendant James Sharp was put upon his trial, was convicted of murder in the second degree, and his punishment assessed at a term of twenty-five years in the penitentiary. He appealed to this court.
*278The…
2Cases cited30 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. PagelsSupreme Court of Missouri · 1887
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. GartrellMissouri Court of Appeals · 1903
- State v. RichmondSupreme Court of Missouri · 1905
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3Cited by22 opinions
- State v. FieldsSupreme Court of Missouri · 1911
- State v. LioliosSupreme Court of Missouri · 1920
- State v. BidstrupSupreme Court of Missouri · 1911
- State v. BongardSupreme Court of Missouri · 1932
- State v. PiersonSupreme Court of Missouri · 1932
17 more not listed; retrieve them via the Exa API.