State v. Brown
Supreme Court of Missouri
Appeal from Buchanan Criminal Court. — Now. A. D. Burnes, Special Judge. Section 2689', Revised Statutes 1899, which refers to criminal cases, specifically says that a motion for a new trial must he filed before judgment and within four days after the return of the verdict or the finding of the court.
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Appeal from Buchanan Criminal Court. — Now. A. D. Burnes, Special Judge. Section 2689', Revised Statutes 1899, which refers to criminal cases, specifically says that a motion for a new trial must he filed before judgment and within four days after the return of the verdict or the finding of the court. It goes on to say that the motion shall he heard and determined1 in the same manner as motions for new trials in civil cases, but in no place does it say, directly or by inference, that the four days must be within term time or within that term of court. In contradistinction, section 803…
1Opinion of the CourtBurgess, J.
On the 1st day of November, 1905, in the criminal court of Buchanan county, the defendant was convicted of murder in the first degree, and his punishment fixed at death, under an information filed in said court by the prosecuting attorney of said’ county, charging the defendant with having, at said county, on the 23d day of November, 1904, feloniously, wilfully, deliberately, premeditatedly and of his malice aforethought killed and murdered Nancy Ann Gay by cutting her throat with a razor.
After filing motions for a new trial and in arrest of judgment, which were overruled, defendant appealed.
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2Cases cited10 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Hill v. CombsMissouri Court of Appeals · 1902
- Crossland v. AdmireSupreme Court of Missouri · 1899
- Ex parte MarmadukeSupreme Court of Missouri · 1886
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3Cited by6 opinions
- State v. GuerringerSupreme Court of Missouri · 1915
- State ex rel. Killoran v. CalhounMissouri Court of Appeals · 1919
- State v. FawcettSupreme Court of Missouri · 1908
- State v. ChenaultSupreme Court of Missouri · 1908
- State v. TaylorSupreme Court of Missouri · 1923
1 more not listed; retrieve them via the Exa API.