State v. Austin
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. II. C. Riley, Judge. (1) Defendant’s motion to quash the regular panel of jurors should have been sustained. The- law guarantees to the defendant a trial by a jury selected in a fair and impartial manner as directed by law, and the selection of the jury by the prosecuting attorney in this case was most prejudicial to the defendant.
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Appeal from Pemiscot Circuit Court. — Hon. II. C. Riley, Judge. (1) Defendant’s motion to quash the regular panel of jurors should have been sustained. The- law guarantees to the defendant a trial by a jury selected in a fair and impartial manner as directed by law, and the selection of the jury by the prosecuting attorney in this case was most prejudicial to the defendant. R. S. 1899, secs. 3769 and 3770. (2) Defendant testified that deceased fired first two shots, corroborated by the fact that deceased, when found, was lying upon a rifle-gun and exploded cartridges. This warranted an…
1Opinion of the CourtPox, J.
This prosecution is based upon an information filed in the circuit court of Pemiscot county, Missouri, on the twenty-fourth day of November, 1902, and is verified and supported by the affidavit of L.L. Collins, prosecuting attorney of said county.
The information charges this defendant, Charles Austin, together with G-eqrge Spacey, Dug Brewer, Pate Austin, Dave Austin and Arthur Austin, with the murder, in the first degree, of one Mrs. Carrie Johnston, who lived with her husband and child on a small tract of land adjoining the land occupied by the Austins.
A severance was granted this defendant…
2Cases cited6 opinions
- State v. JenkinsSupreme Court of Kansas · 1884
- State v. NewhouseSupreme Court of Louisiana · 1877
- State v. WeedenSupreme Court of Missouri · 1896
- State v. YordiSupreme Court of Kansas · 1883
- State v. WileySupreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. RounerSupreme Court of Missouri · 1933
- State v. ParkerMissouri Court of Appeals · 1964
- State v. McGoldrickSupreme Court of Missouri · 1951
- Jones v. WoodwarthSouth Dakota Supreme Court · 1910
- State v. HaneyMissouri Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.