State v. Klinger
Supreme Court of Missouri
Ltppéalfrom, St. Louis Criminal Court. The homicide was committed on November 25th, 1867. The defendant was indicted on the 20th of January, A. D. 1868, by the grand jury, for murder in the first degree. On the 21st of February he was arraigned and pleaded “ not guilty; ” and, being without counáel and means to employ one, the court assigned counsel in his behalf.
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Ltppéalfrom, St. Louis Criminal Court. The homicide was committed on November 25th, 1867. The defendant was indicted on the 20th of January, A. D. 1868, by the grand jury, for murder in the first degree. On the 21st of February he was arraigned and pleaded “ not guilty; ” and, being without counáel and means to employ one, the court assigned counsel in his behalf. The case was set for tidal March 2Sd, 1868, and, on being called, was continued by consent to the next term of court. On the 5th of June, the case being called, was, on application, continued to the July term. On the 28th of July,…
1Opinion of the CourtWagner, Judge
There are but two questions presented here that are deemed necessary to be considered in the decision of this case. The first relates to the action of the Criminal Court in refusing to grant a continuance, and the second regards the instructions as to insanity.
As a general proposition, the granting of a continuance is a matter resting in the sound discretion of the court where the trial is had, and its ruling will not be revised or interfered with except in cases where manifest injustice has resulted.
The record should show clearly that the defendant has been affected injuriously by being…
2Cases cited5 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- Hopps v. PeopleIllinois Supreme Court · 1863
- State v. HutingSupreme Court of Missouri · 1855
- Fisher v. PeopleIllinois Supreme Court · 1860
- State v. McCoySupreme Court of Missouri · 1864
3Cited by17 opinions
- State v. LewisNevada Supreme Court · 1889
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- State v. HundleySupreme Court of Missouri · 1870
- State v. KlingerSupreme Court of Missouri · 1870
- State v. MurphySupreme Court of Missouri · 1936
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