State v. David
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) A juror in a murder case is not disqualified by reason of Ms having “conscientious scruples” against enforcing the death penalty. He may have “conscientious scruples” against many laws in the statute, and yet be a competent juror in a case involving the enforcement of such laws.
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Appeal from Osage Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) A juror in a murder case is not disqualified by reason of Ms having “conscientious scruples” against enforcing the death penalty. He may have “conscientious scruples” against many laws in the statute, and yet be a competent juror in a case involving the enforcement of such laws. Only those persons whose opinions are such as to preclude them from finding any defendant guilty of an offense punishable with death are disqualified to serve as jurors on the trial of an indictment for any offense punishable with death. R. S. 1889,…
1Opinion of the CourtGantt, P. J.
The defendant was indicted and convicted in the circuit court of Osage county at the December term, 1894, of the murder of Prank Henderson by administering to him strychnine in a drink of whisky on the morning of January 8,1894. Prom that conviction he prosecuted this appeal.
The testimony discloses the fact that deceased and his parents, during January, 1894, lived in Osage county, about ten miles from Chamois; that the defendant, with his parents, resided in Osage county, between the home of the deceased and Chamois; that on the morning of the eighth of January the-deceased started afoot to…
2Cases cited24 opinions
- State v. YoungSupreme Court of Missouri · 1894
- State v. MoxleySupreme Court of Missouri · 1890
- State v. FairlambSupreme Court of Missouri · 1894
- State v. HowardSupreme Court of Missouri · 1893
- State v. EatonSupreme Court of Missouri · 1882
19 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State v. HeppermanSupreme Court of Missouri · 1942
- Horn v. StateWyoming Supreme Court · 1903
- State v. FoleySupreme Court of Missouri · 1898
- State v. BrownSupreme Court of Missouri · 1904
- State v. ConwaySupreme Court of Missouri · 1941
30 more not listed; retrieve them via the Exa API.