Legal Opinion

State v. Mitchell

Supreme Court of Missouri

Decided November 20, 1906PublishedCited by 21 opinions

Appeal from Lincoln Circuit Court. — How. H. W. Johnson, Judge. The record must show that the jury was not only impaneled but was also sworn to try the issues in the cause. State v. Potter, 18 Conn. 175; Zapf v. State, 35 Fla. 210; Rich v. State, 1 Tex. App. 209; Stephens v. State, 33 Tex. App.

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Appeal from Lincoln Circuit Court. — How. H. W. Johnson, Judge. The record must show that the jury was not only impaneled but was also sworn to try the issues in the cause. State v. Potter, 18 Conn. 175; Zapf v. State, 35 Fla. 210; Rich v. State, 1 Tex. App. 209; Stephens v. State, 33 Tex. App. Cr. 101; Lyman v. People; 7 111. App. 345; State v. Pritchard, 15 Nev. 88; Lannaster v. State, 91 Term. 267; State v. Ostrander, 18 Iowa 446; State v. Schoenwald, 31 Mo. 147; State v. Temple, 194 Mo. 237; Brewer v. Jacobs, 22 Fed. 142.

1Opinion of the CourtGantt, J.

On an information filed by the prosecuting attorney of Lincoln county on September 22, 1903, the defendant was arraigned and tried at the April term, 1904, of the circuit court of said county and convicted of an attempt to rape.

After motions for a new trial and in arrest of judgment had been duly filed, heard and overruled, he appealed to this court. The sole error upon which a reversal is sought is that the record upon its face discloses that the jury» which tried and convicted defendant was not sworn to try the cause and a true verdict render according to the law and the evidence.

When the…

2Cases cited5 opinions

  1. State v. PotterSupreme Court of Connecticut · 1846
  2. Slaughter v. StateSupreme Court of Georgia · 1897
  3. Hunnel v. StateIndiana Supreme Court · 1882
  4. Zapf v. StateSupreme Court of Florida · 1895
  5. Lyman v. PeopleAppellate Court of Illinois · 1880

3Cited by21 opinions

  1. State v. FrazierSupreme Court of Missouri · 1936
  2. State v. HollmanSupreme Court of South Carolina · 1958
  3. Harris v. StateCourt of Appeals of Maryland · 2008
  4. State v. VinsonSupreme Court of Missouri · 1935
  5. State v. BarrSupreme Court of Missouri · 1930

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