State v. Murray
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The state had a right to show that the defendant, upon being accused of this crime by his brother, remained silent and failed and refused either to deny the charge or to assert his innocence; his silence, under the circumstances, was a fact to which the jury were entitled. Ettger v. Com., 98 Pa. St. 338; Bobbins v. State, 9 Tex.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The state had a right to show that the defendant, upon being accused of this crime by his brother, remained silent and failed and refused either to deny the charge or to assert his innocence; his silence, under the circumstances, was a fact to which the jury were entitled. Ettger v. Com., 98 Pa. St. 338; Bobbins v. State, 9 Tex. App. 671; Murphy v. State, 36 Ohio St. 628; Kelly v. People, 55 N. Y. 565; State v. Suggs, 89 N. C. 527;’ Com. v. Brown, 121 Mass. 69; Com. v. Sliney, 126 Mass. 49; People v. Estrado, 49…
1Opinion of the CourtGantt, P. J.
— At the January term, 1894, of the circuit court of St. Louis county, the defendant, James Murray, together with his brother, Edward Murray, was indicted for the murder of Edgar Fitzwilliams, the conductor of a car on the Midland street railway, in St. Louis county, on the twenty-third day of September, 1893. At the same term he was duly arraigned, and entered a plea of not guilty. A severance was granted, and, on application of counsel for defendant, the cause was continued to the May term, 1894. The cause was tried at the May term and resulted in the conviction of defendant of murder in…
2Cases cited15 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- State v. OrrickSupreme Court of Missouri · 1891
- State v. YoungSupreme Court of Missouri · 1889
- State v. AverySupreme Court of Missouri · 1893
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3Cited by5 opinions
- State v. EpsteinSupreme Court of Rhode Island · 1903
- State v. SwisherSupreme Court of Missouri · 1905
- State v. EthridgeSupreme Court of Missouri · 1905
- State v. VainikosSupreme Court of Missouri · 1963
- State v. VainikosSupreme Court of Missouri · 1963