State v. Holcomb
Supreme Court of Missouri
Appeal from, Bates Circuit Court. — Hon. J. B; Oannt,. Judge, (1) The lower court erred in overruling defendant’s challenge of the grand jury. 4 Crim. Law Mag. 171 State v. Bleekly, 18 Mo. 428; State v. Welsh, 33 Mo. 33 ; State v. Cornell, 49 Mo. 282; State v. Brown, 64 Mo. 368. (2) The evidence on the question of the prejudice of the inhabitants of the county showed defendant was entitled to a chahge of venue. 5 Crim.
Read the full summary
Appeal from, Bates Circuit Court. — Hon. J. B; Oannt,. Judge, (1) The lower court erred in overruling defendant’s challenge of the grand jury. 4 Crim. Law Mag. 171 State v. Bleekly, 18 Mo. 428; State v. Welsh, 33 Mo. 33 ; State v. Cornell, 49 Mo. 282; State v. Brown, 64 Mo. 368. (2) The evidence on the question of the prejudice of the inhabitants of the county showed defendant was entitled to a chahge of venue. 5 Crim. Law Mag. 797 State v. Wash, 7 la. 347. (3) The court erred in admitting in evidence the records of the city of B a tier, and, also the oral testimony of witnesses that Aleshire…
1Opinion of the CourtBlack, J.
— Defendant was indicted at the March *375term, 1883, of the Bates circuit court, for the murder of Aleshire. A second indictment was preferred at the following June term, and the first was thereby superseded and properly quashed. There was a mis-trial, then an application for change of venue, a second trial at the March term, 1884, and a verdict of guilty of murder in the second degree.
The evidence for the state tended to show that Aleshire,’ the deceased, and Kelly, were night watchmen, or police officers of the city of Butler. Kelly searched and took from defendant a pistol, a year or more…
Also in this document: Concurrence.
2Cases cited11 opinions
- Dœring v. StateIndiana Supreme Court · 1874
- Roberts v. StateSupreme Court of Missouri · 1851
- State v. GrantSupreme Court of Missouri · 1882
- State v. JohnsonSupreme Court of Missouri · 1882
- State v. WareSupreme Court of Missouri · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Commonwealth v. PhelpsMassachusetts Supreme Judicial Court · 1911
- State v. TurlingtonSupreme Court of Missouri · 1890
- Roberson v. StateSupreme Court of Florida · 1901
- Veneman v. JonesIndiana Supreme Court · 1889
- State v. MeysenburgMissouri Court of Appeals · 1902
30 more not listed; retrieve them via the Exa API.