State v. Nelson
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hon. Eeuben E. Eov, Judge. An examination of the record in this case discloses the fact that no copy of the indictment was ever given or served on the defendant or furnished to him. This is a requirement of the statute that could not be waived by the accused. The evidence is not, as a matter of law, sufficient to authorize the verdict.
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Appeal from Marion Circuit Court. — Hon. Eeuben E. Eov, Judge. An examination of the record in this case discloses the fact that no copy of the indictment was ever given or served on the defendant or furnished to him. This is a requirement of the statute that could not be waived by the accused. The evidence is not, as a matter of law, sufficient to authorize the verdict. The shooting of the deceased by the accused was the result of a sudden quarrel, during which there was no time for deliberation. The facts do not authorize a verdict of murder in the first degree. State v. Mitchell, 64 Mo.…
1Opinion of the CourtShekwood, J.
John Nelson and his wife Lavina were jointly indicted for the murder of John Stull in Ralls county on the fifth day of August, 1893; John was charged as principal and Lavina as accessory, and *189the killing to have been done by shooting with a revolver.
The indictment, unobjectionable in form, was found at the August term, 1893, of the Ralls circuit court, and at that term defendants were arraigned, but the cause was continued till the March term, 1894, because of want of time to try the same. At that term, on the application of Lavina, a severance was granted, and the court ordered the cause set…
2Cases cited7 opinions
- State v. HowardSupreme Court of Missouri · 1893
- State v. GreenSupreme Court of Missouri · 1877
- Lisle v. StateSupreme Court of Missouri · 1840
- State v. DoyleSupreme Court of Missouri · 1891
- State v. MooreSupreme Court of Missouri · 1893
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3Cited by15 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- State v. JeffriesSupreme Court of Missouri · 1908
- State v. MeyerSupreme Court of Iowa · 1907
- State v. PartonSupreme Court of Missouri · 1972
- State v. DyerSupreme Court of Missouri · 1897
10 more not listed; retrieve them via the Exa API.