State v. Schmidt
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) Defendant was entitled to have a copy of the indictment served upon him at least forty-eight hours before his plea — and, therefore, before the trial. First. The statute requires it. R. S., sec. 4138. Second. The constitution guarantees it. See. 22, art. 2, const.; sec. 30, art. 2, const.; State v. Green, 66 Mo. 631; State v. Davis, 66 Mo. 684; secs. 22 and 30, art. 2, const.
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) Defendant was entitled to have a copy of the indictment served upon him at least forty-eight hours before his plea — and, therefore, before the trial. First. The statute requires it. R. S., sec. 4138. Second. The constitution guarantees it. See. 22, art. 2, const.; sec. 30, art. 2, const.; State v. Green, 66 Mo. 631; State v. Davis, 66 Mo. 684; secs. 22 and 30, art. 2, const. (2) The defendant was entitled to know, in advance of the trial — or in the court’s discretion, at the close of the case — upon which count of…
1Opinion of the CourtBurgess, J.
The defendant with two others, Peter Schmidt, and Samuel Poster, was indicted in the circuit court of St. Louis county for murder in the first degree, in shooting with a pistol and killing one Bertram A. Atwater, at said county on the night of January 5, 1896. The murder was committed in the attempt to carry out a preconcerted plan between the parties to rob the deceased.
On motion of defendant a severance was ordered and a separate trial granted him. Thereafter on the third day of August, 1896, defendant was convicted under said indictment of murder in the first degree. He appealed.
The facts…
2Cases cited16 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. OrrickSupreme Court of Missouri · 1891
- State v. NolandSupreme Court of Missouri · 1892
- State v. GreenSupreme Court of Missouri · 1877
- State v. PorterSupreme Court of Missouri · 1858
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. JeffriesSupreme Court of Missouri · 1908
- State v. DoughertySupreme Court of Missouri · 1949
- Haley v. StateMississippi Supreme Court · 1920
- State v. SlyIdaho Supreme Court · 1905
- State v. SharplessSupreme Court of Missouri · 1908
6 more not listed; retrieve them via the Exa API.